498-a/406
raahat
(Querist) 10 May 2013
This query is : Resolved
Respected Experts,
The above metioned cases are pending before the Hon'ble family court for last 10 years. The accused and complainant agreed to settle their disputes on payment of Rs. 3 lakh for full and final settlement of the entire claim of maintenance as well as istridhan and entire maintenance of children which has to be paid in seven installments over a year.It is mentioned in the settlement statement that after the fourth instalment the complainent will withdraw her executions and after the sixth instalment she wil withdraw her 125 crpc petition and also sign a mutual concent divorce documets as per muslim law. The seventh instalment will be paid at the High court at the time of quashing of FIR.
My Quations is :
1.whether above said settlement statement is enough for ful and final settlement of all matrimonial disputes.
2. After this statement can the complainant withdraw herself.
3. Whether the complainant can file DV case
4. Can the complainant or her children asked the share in accused propery or his ancestral property.
Raj Kumar Makkad
(Expert) 10 May 2013
If settlement is duly drafted and is made as part of the court file then it can very well be got executed by way of filing its execution on its violation by either of the parties otherwise the terms are valid in nature.
Sudhir Kumar, Advocate
(Expert) 09 September 2013
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