MUTUAL CONSENT SETTLEMENT TERMS

Mukesh (Querist) 13 January 2010 This query is : Resolved
WE ARE GOING TO FILE FORM 13B SHORTLY. I WANT TO INCLUDE FOLLOWING POINTS IN DEED :

1) THAT WE HAVE RETURNED ALL GIFTS RECD FROM GIRLS FAMILY WHICH WE HAVE.
2) THAT THERE WILL BE NO DEMAND OF ANY NATURE WHATSOEVER INCL STREEDHAN/MAINTENANCE/MARRIAGE EXPENSES IN FUTURE.
3) THAT BOTH SIDES HAVE NOT FILED /SHALL NOT FILE ANY CIVIL/CRIMINAL CASE AGAINST EACH OTHER AND IF THERE IS ANY THE SAME SHALL BE TREATED AS WITHDRAWN.
MY QUERIES ARE

A) THE GIRLS SIDE IS INSISTING THAT THE ABOVE POINTS SHALL NOT BE INCLUDED IN THE MAIN PETITION BUT SHALL BE INCORPORATED IN A SEPARATE STAMP PAPER WHICH MAY BE NOTARISED.
B) WHETHER A SEPARATE AGREEMENT IS OF ANY RELEVANCE OR THE SAME IS OK AND IN FUTURE WILL BE TREATED AS A VALID DOCUMENT. SHALL I AGREE FOR THE SAME ???

C) I HAVE AGREED FOR A PERMANENT ALIMONY, WHETHER THE COURT HAS THE POWER TO INCREASE IT AFTER WE JOINTLY FILE FORM 13B OR WHETHER THE GIRLS SIDE CAN DEMAND IN COURT THAT THE SAME SHALL BE INCREASED.
D) WHETHER PERMANENT ALIMONY FIGURE NEED TO BE DISCLOSED TO THE COURT OR IT CAN ALSO BE INCLUDED IN THAT SEPARATE AGREEMENT? IN THAT CASE WHETHER IT IS VALID ?

KINDLY HELP ME TO TAKE A SOUND LEGAL DECISION.
MUKUL GUPTA

P.S. - ALL THE BELONGINGS OF GIRL HAS BEEN RETURNED TO A MUTUAL FRIEND AS PER A VERBAL AGREEMENT. CAN THEY STILL THREATEN US WITH 498A?

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Devajyoti Barman (Expert) 13 January 2010
A&B. The separate notarised agreement does not have equal force which the compromise decree itself carries. You must not avoid mentioning those terms in the 13B petition.It will be easier for her to challenge the validity of the separate agreement.
C. If both of you mention a particular amount as alimony in the said compromise petition , the judge has got no power to increase it suo motu.If the girl side ask for increase and you refuse then the compromise would fail.
D.The permanent alimony can be mentioned and no separate agreement is advisable.
Before the decree in the mutual divorce the girl can initiate case u/s 498A IPC.

Arvind Singh Chauhan (Expert) 13 January 2010
Don't avoid, what is suggested by Barman Sir.

Sukhija (Expert) 13 January 2010
I agree

Guest (Expert) 19 January 2010
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