Mediation cell
ksy
(Querist) 10 January 2013
This query is : Resolved
my divorce settlement is done by mediation cell and they have drafted a document saying both will not have any claims now or in future after this full & final settlement & will not have any claims on movable or immovable properties
& both will not interfere in each others personal or social life in future
no my question is
i asked if she can file any other case in future for claims or otherwise they say movable properties include money also and once it is done by mediation cell
both parties cannot appeal against it
is that correct ?
will it be binding on both of us and will i be safe in future and where she is restrained from filing any other case
divorce was granted in 2008 for application filed by her in my absence and i was exparte
cases in force and due
CASES DUE
1 os for articles for recovery of articles given in marriage [which i have denied in my written statement ]
2 recovery of dues @ 10,000 for last 3 years
CASE IN FORCE
2 c mis order for maintenance decided @10,000 p m in force
NOW
they are closing the os case [which is running curently] mentioning that she will not press for charges BY SUBMITION OF MEMO [MAINTENANCE IN C MIS ]in lieu of the o s case settlement
please advise
Devajyoti Barman
(Expert) 10 January 2013
Yes, if she puts her signature she can controvert its content later on.
She can withdraw the case in the context of mediation but could later on file case for maintenance if she remains unmarried. No manner of undertaking can restrain her from exercising her legal right as pronounced byu supreme court in several decisions.
Raj Kumar Makkad
(Expert) 10 January 2013
Any settlement arrived at between the parties in conciliation which is made degree of a Lok Adalat ends all disputes for ever and none of the parties can back out of it in future.
ksy
(Querist) 11 January 2013
ok
thank you for your valuable answers
TO MR DEVAJYOTI
She is remarried and she has taken "a full & final payment for ever " in addition to arrears
Raj Kumar Makkad
(Expert) 11 January 2013
Most welcome ksy for your appreciation.
