Compromise in high court and marital status / rights
Tara Singh
(Querist) 03 August 2017
This query is : Resolved
Husband had performed 2nd marriage and living with her . Wife is granted maintenance under d/v and 125 crpc. Wife filed suit for specific performance against husband .Suit decreed 'Transfer suit property in wife's name' with cost and now RSA pending in high court Now husband approached for compromise in hight court and agreed to pay one time alimony but no divorce and silent on the first marrige. He want that wife should help in allowing RSA pending in the high court. and selling the suit property.
what will be wife's marital status / matrimonial rights after compromise as nothing is being mentioned in the deed except ' there was matrimonial dispute between the parties and now matter have been compromised on following terms' . But in terms alimony amount / withdrawal of cases etc is mentioned but silent on marriage .Wife's all documents including passport has husband name and she cant change it without divorce decree. Can wife carry the husband name . Plz advice?
Is it necessary to allow the RSA or matter can be settled with compromise agreement as wife will not press for decree. Kindly advice ?
Rajendra K Goyal
(Expert) 03 August 2017
There is no reason wife should agree on such move. She should get it drafted / vetted through some senior and experienced lawyer.
She may file case of bigamy.
Rajendra K Goyal
(Expert) 03 August 2017
Wife should force for divorce from court, onetime alimony and other terms.
Kumar Doab
(Expert) 03 August 2017
Till divorce is granted by court of law 1st wife is legally wedded wife and she can write in all docs w/o................
