498-a/406/125 crpc
raahat
(Querist) 28 June 2013
This query is : Resolved
Dear Experts
A settlement arives between the complainant and the accused with the following the terms.
1. Accused will pay Five lakhs in 5 instalments for A full and final settlement of entire claim of maintainance of minor children, complainant and entire claim of dowry articles.
2. On forth instalment complainant will withdraw her all pending executions.
3. On fifth instalment the complainant will withdraw her 125 crpc petition and sign a mutual divorce as per muslim law and co operate in quasing the FIR before High Court.
4.The accused shall not filed any case for the custody of children.
All the terms were fulfiled. but the complainant again asking the maintance of children as wel as her own and the residential premises for them.
I am absolutly in trauma what to do PLEASE GUIDE ME AND ADVISE ME THE RIGHT PATH.
adv. rajeev ( rajoo )
(Expert) 28 June 2013
You could have added the maintenance of the children while compromising. You can also seek the custody of the children. My advise is to avoid the harassment it is better to compromise for some more amount including maintenance to child.
raahat
(Querist) 28 June 2013
Rajeev g it seems you have read the query little casully if you go throuhg it find the maintainance of children also included ( in para-1)
Now Question is can the complainant and her children again claim for the maintainance and residence as it is happening in this case after the settlement.
Adv Archana Deshmukh
(Expert) 28 June 2013
If she claims again, then file the poof of the settlement i.e. MOU and also the evidence that the amount was indeed paid.
raahat
(Querist) 28 June 2013
archana mam, All the evidence is on record and but the complainnat still persisting for the same.is there any remedy.
ajay sethi
(Expert) 28 June 2013
IF Wife is able to justify that amount mentioned in settlement is not sufficent for maintenance of children court may take a sympathetic view . your stand should be that sum of Rs 5 lakhs was paid in full and final settlement . if wife is unable to maintain the children then custody may be granted to the husband . he will maintain the children .
Rajendra K Goyal
(Expert) 28 June 2013
Agreed with the views of expert Adv Archana Ji 7 Expert Ajay Sethi Ji. Nothing more from me.
You previously have asked such query one month ago in which settlement amount was mentioned 3 lacs. Whether the query belongs to same case. In that case expert Raj Kumar Makkad ji advised as under:
http://www.lawyersclubindia.com/experts/498-a-406-391721.asp#.Uc1cE22Lp3A
If settlement is duly drafted and is made as part of the court file then it can very well be got executed by way of filing its execution on its violation by either of the parties otherwise the terms are valid in nature.
