Final settelement for getting divorce order
AMSARAJ.J
(Querist) 24 February 2012
This query is : Resolved
Dear Sirs,
The following is the present status of the cases:
1.Maintance order awarded to wife during 2003 by magisrate court,accordingly up to 2007 maintance amount received by wife from the husband.(wife is living separately from apr'2001 till date)
2.Second appeal for divorce by husband in the high court are pending as of now (i.e case numbered but not listed).
3. New case filed by wife under domestic violance during oct'11 in magistrate court and interiam order served on husband and he went for appeal agst interim order with district court. Here the case status is that, husband side he is ready for argument,but wife side wants to close all issues by settelement. Husband also accepted the settelement option.
Now how to get divorce order by giving settlement.What is the procedure to be adopted for the same.How to close the pending case at hc (not listed),and how to quash the maintance order issued by magistrate court during 2003, and how close the order issued by district court during 2007 favouring RCR filed by wife and disallowing the husband's divorce petition,against which 2nd appeal is pending with hc till date.
Shonee Kapoor
(Expert) 24 February 2012
You would need to withdraw the pending case in HC.
Then file for mutual consent divorce in trial court.
However, be careful while withdrawing case, mention that you are withdrawing because of settlement and you retain your right to come before HC if the settlement does not fructify.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 25 February 2012
It would be better to file compromise terms in High Court it self stating every thing agreed clearly and getting passed a decree by High Court which shall meet out and address all problems in one stroke.Both parties should file their ID and photos so that no ground on impersonation can be taken in future.
The high court would agree to the list the case for compromise even out of turn.
Raj Kumar Makkad
(Expert) 25 February 2012
I endorse the aforesaid views of the experts,
