Final settlement in mutual consent
hithen
(Querist) 16 May 2012
This query is : Resolved
DEAR EXPERTS,
I NEED YOUR ADVICE ON FOLLOWING,
MY WIFE IS NOT STAYING WITH ME FROM 2007,SHE HAS FILED 125CRP MAINTENANCE CASE IN 2008 AND TILL NOW NO MAINTENANCE ORDER HAS BEEN PASSED,SHE HAS ALSO FILED 498A IN YEAR 2008, WHICH I HAVE CLEARED IT IN 2011,I HAVE FILED DIVORCE CASE UNDER MENTAL HARASSMENT AND DESERTION, IN FEBRUARY 2012,HER LAWYER OFFER X AMOUNT AS FINAL SETTLEMENT,AND DECIDED TO APPLY FOR JOINTLY FOR MUTUAL CONSENT,I AM READY TO PAY IT.
KINDLY REQUEST FOR YOUR ADVICE,
1)WHEN I SHOULD PAY HER SETTLEMENT AMOUNT ,IS IT AFTER THE COURT DECREE.
2)PRECAUTION TO BE TAKEN WHILE MAKING FINAL PAYMENT.
3)HOW TO MAKE SURE IT IS FINAL PAYMENT.
4) IF SHE BACK UP FROM HER DECISION.
WITH REGARDS,
HITHEN
Nadeem Qureshi
(Expert) 16 May 2012
Dear Hithen
Make a written agreement with her through a lawyer and signed both the parties with acceptance and also show this agreement to the court if possible then file this agreement on record.
feel free to call
Harshada Shukl Kulkarni
(Expert) 16 May 2012
Dear Hithen,
Gone through your details. Please note that if you are filing the consent terms before the Court of Law then the consent terms should incorporate all the details as regards the full and final payment and other terms decided towards the settlement between both of you.Further you will deposit the amount in favour of the court and after recording the statements and payments made thereunder the court will grant it's final order wherein everything will be recorded. Further as per the CPC no appeal can lie against the consent terms, except for default by either party.
Shonee Kapoor
(Expert) 17 May 2012
Make an agreement on Rs. 100/- Stamp paper, get it notorized and submit the same as part and parcel of 1st motion of divorce.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
