Precautions For Compromise

Knowledge Gainer (Querist) 25 February 2011 This query is : Resolved
I am facing matrimonial case u/s 13(1)(ia) of the HMA,1955. I am appearing in-person in the Court. On Last Hearing I received proposal for Mutual Consent Divorce from her lawyer. I told send me term and conditions of Mutual Consent Divorce and give me some time to think.

Please help me that while accepting terms and conditions, what precautions Should I take?

Also suggest points to be included in petition for safer side of mine and my family members?

There will be no maintenance and alimony so what should be included that she don't demand the same in future?

Can I include that she will not demand any maintenance u/s 125 CrPC in future? Also rights in property present or future? We have no issue out of the wedlock.

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Devajyoti Barman (Expert) 25 February 2011
The main points are- withdrawal of any allegations, pending criminal cases and waiver of her for future maintenance. She need to mention that alimony and issues regarding stridhan articles have already been settled.

Guest (Expert) 03 March 2011
YOU MAY KINDLY NOTE THAT FOR MUTUAL CONCENT DIVORCE BOTH ARE AGREEING ON CERTAIN TERMS AND SUBMITING APPLICATION TO THE COURT FOR DIVORCE.YOU MAY GO THROUGH THE DETAILS AND ASK FOR THE COPY OF DRAFT PETITION FOR DIVORCE.YOU MAY SEND THE COPY AND WILL GIVE DETAILED REPLY.
KINDLY NOTE THAT YOU MAY INSIST ON HER TO GIVE EVIDENCE IN COURT AND HELP WIDRAW THE PENDING CRIMINAL CASES IF ANY UNDER SEC.498A and other provisions of I.P.C.and for return of her stridhan means ornaments claimed by her and also for widrawal of application for maintainence and permanent alimony.
KINDLY NOTE THAT UNLESS ALL CRIMINAL CASES FILED BY HER AGAINST YOU ARE WIDRAWN OR YOU ARE ACQUITED FROM THE SAME ,YOU SHOULD NOT AGREE FOR DIVORCE ORELSE IF ONCE DIVORCE IS GRANTED THE REMAINING CRIMINAL CASES WILL NOT BE WIDRAWN AND YOU WILL HAVE TO SUFFER IN FUTURE.GOOD LUCK.

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