Advice on compromise
Dharmender
(Querist) 11 October 2012
This query is : Resolved
Is this compromise deed good or do i need to make more changes to be on safer side. I am husband in this case.
1st party wife
2nd party husband
a) That as per compromise dated 11/10/2012, the 2nd party i.e husband will give amount of Rs. 5,50,000/- against the maintenance, permanent alimony to the 1st party and her female child Lavisha, which shall be received by the 1st party in two installments. First installment of Rs. 2,75,000/- DDR be received by the 1st party at the time of filing of the petition under Sec. 13- B of Hindu Marriage Act and second installment of Rs. 2,75,000/- will be paid to the 1st party at the 2nd motion of divorce i.e decree of divorce and this maintenance includes the maintenance of 1st party and female child who will be kept and maintained by 1st party and both will be having no concern in the movable or immovable property of 2nd party and any of his family members.
b) That after obtaining the decree of divorce by way of mutual consent both the parties will be at the liberty to get marry of their own choice to live their balance life peacefully and no one create any hindrance for each other in future for bear new married life and both the parties have permanently severed all their marital ties and connections from each other and both of them are at liberty to marry anywhere with anybody else and the settlement between the parties is full and final settlement which includes past, present and future maintenance of 1st party and her female child and both the parties will not be having claim of any kind against each other and on each other properties and assets in future.
c) That as per the compromise dated 11/10/2012, 1st party will withdraw all the cases filed by her against 2nd party and his family members and both the parties will not file any type of complaint / case against each other regarding this marriage except the petition under Sec. 13-B Hindu Marriage Act and 2nd party will not claim the custody of minor daughter Lavisha in future.
d) That this compromise will be binding on both the parties and if 2nd party will back out by any of terms and condition of this compromise then his paid amount will be forfeited by the 1st party and 1st part will be at the liberty to re-open her cases again against the 2nd party and his family members and if 1st party back out from the said compromise then she will return the double of said received amount ( Rs. 2,75,000/-) to the 2nd party and 2nd party will also be entitled to file the complaint against 1st party in various sections of law regarding the same
ajay sethi
(Expert) 11 October 2012
what sections of lawyou are talking about in para d . only ask for refund with interest at 18%pa .
Dharmender
(Querist) 12 October 2012
Can you elaborate under which section of law should the para be be included.
Lawyer has advised for sec 420 and others
We are going for mutual divorce under 13-B
