Compromise in family dispute
A Kameswara Rao
(Querist) 27 December 2015
This query is : Resolved
Dear lawyers,
My husband filed Divorce petition under cruelty and I filed RCR and interim relief u/s 24 of HMA only.(No 498 or DVC) Since two years nothing has come out. In the mega lok adalat held on 12-12-2015, my husband asked some time to compromise on both sides and the Hon'ble judge posted the same to 20-01-2016. In the mean while, my husband and in laws invited our family for a compromise at their lawyer's house on 26-12-2015.As we are willing to re-unite, their lawyer suggested to unite both the spouses immediately,but my father in law wanted time to seek a SUMUHURTAM and wanted us to wait for some more time. We too agreed to sign the compromise which is yet to be drafted. Now, I request the Hon'ble and noble professionals to clarify:-
a) On what terms and conditions shall I sign the compromise to avoid any future implications against me.
b)After signing and filing the compromise, if the husband does not comply with the compromise,(take me back) what will be my fate.What is the course of legal action available to me.
c)Whether signing the compromise, amounts to waival of all my future rights and claims.
d)What is the difference between the order/decree issued by Lok Adalat and Family Court.
e)Can I demand my husband to withdraw the divorce suit first, before compromise.
e)Please also provide a sample compromise deed, if possible.
With regards,
Kameshwari
Devajyoti Barman
(Expert) 27 December 2015
1. The terms of compromise depends on various factors which can be stated only when we are made aware full background details.
2. You can do nothing. No force forces a spouse to lead marital life with another.
3.Yes except your right of maintenance.
4. Yes
5.It is available on professional service.
SAINATH DEVALLA
(Expert) 28 December 2015
Documents,deeds,and agreements do not constitute a happy marital life.Love,affection,belief and caring for each other play a major part in a fruitful married life.
Other things as suggested by Sr Adv Barman.
Rajendra K Goyal
(Expert) 28 December 2015
Get all the terms vetted by your lawyer.
Agree with the expert Devajyoti Barman.
Dr J C Vashista
(Expert) 30 December 2015
Donot adventure for any sort of terms, if you are really sincere to re-join your martimonial home as well as save your marriage institution. Once terms are written it would be dangerous for both the parties.
The golden opportunity to lead a happy married life should not go waste for dictating terms and conditions, straight away compromise/agree to their terms (if any) and enjoy your married life in your matrimonial home.
Best wishes
K.S.Srinivas
(Expert) 31 December 2015
I go with the expert Dr.J.C.Vashista.
Dr J C Vashista
(Expert) 01 January 2016
Dear Experts,
Wish you all a very happy, healthy and prosperous new year.
Regards
Dr. J C Vashista, Advocate
email: majjagdish@yahoo.com
+ 91 98911 52939
