Compromise between wife & husband-sec 13 b
Querist :
Anonymous
(Querist) 28 August 2011
This query is : Resolved
R/sir,
As I and my wife have presented papers for mutual divorce,compromise u/s 498A&406 and 125.My wife had filed divorce,498A&406 and 125 and maintanance u/s 24.
Is compromise u/s sec 24 filed in divorce court is also to be presented.wife has received rs 4,00,000/-as lumpsum maintanance as mentioned in sec 13B and 125 papers.
-Is there any documents to be prepared except/more than sec 13B,compromise u/s498A&406 and 125 towards compromise.
-what precautions reg.any cases that a wife may file after divorce/Has filed but not into my notice to be taken,as my wife and in laws very fraud and hungry of money.
pls let me know.
thanks very much
Devajyoti Barman
(Expert) 28 August 2011
No separate document is needed.
To be in safer side you may incorporate in the mutual divorce petition that
"except the cases as mentioned in the petition there is no more case pending.
In the event any other case is found to be pending that may be deemed to have been withdrawn with the execution of this mutual divorce petition."
That clause would be sufficient to quash any such case not mentioned in the said petition.
ajay sethi
(Expert) 28 August 2011
agre with expert mr barman
Kiran Kumar
(Expert) 28 August 2011
since the entire contents of the compromise are mentioned here.
What you have to ensure is that there must be statement to the extent that All the litigation pending between the parties out of this matrimonial dispute shall be withdrawn by both the parties and none of the parties will be filing any other civil or criminal case against each other after the grant of Divorce by Mutual Consent. Further, if the FIR/ complaint is required to be quashed on the basis of compromise then both the parties will present themselves before the Hon'ble High Court.
just ensure each and every litigation pending between the warring parties shall be mentioned specifically with proper details.
Raj Kumar Makkad
(Expert) 28 August 2011
I do agree with wise advice of kiran kumar.
Querist :
Anonymous
(Querist) 31 August 2011
Dear All,
Thanks a lot ! in my very bad time,u all and LCI are godly gift to me.
pls advise me necessurily!
As I have acted upon my lawer's advise placing belief in him but he is not taking care of my case as he is irritated because I did not compromise through him.
-As I and my wife have already presented compromise u/s 498A&406,125 crpc and 13B.
Now the question is -How to mention in 13B,for safer side the followings:
"litigation pending between the parties out of this matrimonial dispute shall be withdrawn by both the parties and none of the parties will be filing any other civil or criminal case against each other after the grant of Divorce by Mutual Consent. Further, if the FIR/ complaint is required to be quashed on the basis of compromise then both the parties will present themselves before the Hon'ble High Court."
as berman sir greatly sdvised.
-Can at this stage I change my lawer.Can my lawer harm my legal matters.(as he clearly seems to be a lawer out of code of conduct,he did not include above even I have asked him to write)
Case status
1-498A has been discharged completely.
2-u/s 125 crpc-Wife has signed order sheeet-she do not want to operate/fight case any further.
3-13B -only presented in DJ court.
4-complain u/s 420&406 agst wife & her father by me-Invetigation in process,I have submitted affidavit to withdraw case.
(which is also mentioned in 13B)
Thanks!
