Divorce after 498a and dv
Tanmay
(Querist) 25 February 2013
This query is : Resolved
Hello all,
My wife has filed 498a and DV on our family. We approached them for settlement after fighting these cases for one year. They are asking for a property which is jointly by me and my wife. I am ready
to give the site. I am ready to give the site. But how do I make the process fool proof and ensure that I am safe.
I am planning to follow the below mentioned process. Not sure if it is good enough. After 498a and DV it becomes
difficult to trust them for anything.
1. Planning to tell them to apply for divorce. I understand that will be simpler compared to me applying for divorce. Even if they go back on their words it is fine for me. Otherwise I have to
provide justification for why I have applied for divorce. I am not interested in MCD as they may go back on their words.
2. Once divorce is applied, it will be referred to mediation centre and then the terms and conditions will be decided there. In that I am planning to tell them to withdraw the cases before going for divorce hearing.
3. I am planning to give the rights on the property as part of divorce decree. For that what is the simplest way to do.
I am planning to get the khata transfer done. If I do that before divorce is it a good idea. I will never go back on
my words, but will they is the question. So I want to be safe.
Are there any specific clauses that I need to include as part of the agreement or terms and conditions of divorce.
Please do provide guidance on the same.
Regards,
Tanmay
Devajyoti Barman
(Expert) 25 February 2013
Filing MCD is the best method. After receipt of money or property as mentioned therein if she refuses to co operate in withdrawing the 498A case, you can always go for quashing.
You can also ensure her presence by not giving full payments till the final hearing of MCD.
ajay sethi
(Expert) 25 February 2013
prepare consent terms . apply for MCD . the consent terms should specify when payment would be made . pay full amount only on obtaing divorce decree . your lawyer will do the needful
Tanmay
(Querist) 25 February 2013
Hello all,
Thanks for all of your replies. There is no cash payment involved here. I just need to transfer my rights in the property which is jointly owned by me and my wife. How to make that transfer is a question here for me. My lawyer will do it. But still I want to make sure my lawyer does the right things and no mistakes are done from his end. I want the khata transfer to be done as part of divorce decree, is that possible or not.
My thinking is that case withdrawal, and then divorce decree followed by property transfer.
Before that I would like the wife side to apply for divorce with charges borne by me with which they will possibly agree to file divorce from their side. As part of divorce agreement we would have told clearly that property rights will be transferred.
What will be wife side thinking if I propose this is my question. Before the case withdrawal I am planning to hand over all the jewellery to them. It is in a locker(my name) whose keys are in their possession.
Thanks and Regards,
Tanmay
amrit
(Expert) 25 February 2013
already enough. plz dont forget to include the terms that she shall not be entitled to any further maintenance allowance as she is receiving full and final alimony in the form of immovable property.
R.K Nanda
(Expert) 25 February 2013
no more to add.
