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Chitfundvictim (Software)     13 May 2017

Divorce - Out of court settlement

Dear esteemed members, Kindly need your guidance o the following. I filed divorce in 2014 (Jan) on grounds on desertion by my wife. We were married in 2011 and affer 2 months she decided to stay with her parents. After I filed for divorce, she filed RCR, Interim Maintenance, Maintenance, Return of dowry cases quoting complete lies in her petitions. I have patiently put up counters for all the cases and have recently submotted evidence for my divorce petition. Due to state split(AP and Telangana) the whole proceeding took too much time(also not sure of my lawyer). After I filed my evidence, my wife' lawyer told my lawyer that they no longer wish to argue on the case and have demanded 15lakhs as settlement amount. My lawyer has asked me to get a DD for this amount and says that I will get divorce on same day. Can you please guide me on what documentation should necessarily be submitted on the court date ? How can I make all this airtight? When should I give the DD to my wife? Is there any undertaking I should take from my wife? My lawyer has said that we will need to file a mutual consent divorce petition and withdraw my original divorce petition. How can I ensure that my wife withdraws all the cases she filed in 2 courts before handing over the DD to her? What should I be careful about in the mutual consent petition?


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 5 Replies

Sachin (N.A)     13 May 2017

You should draft a settlement deed write all terms and conditions in the deed and both parties should sign this deed. You need to mention that you will give draft on second motion of divorce, 

Or alternatively you can agree on condition that when she withdraw her cases you will make part payment and at the second motion of divorce you may pay rest of payment 

498a victim (job)     15 May 2017

I agreed with autohide

Why are you paying this much of high amount for her did

let her roam the court and beg u for money

this kind of activies only motivated females to file fake cases.

fight your case on your merit and come out clean

and then file or execute divorce on ur terms and conditions

and even if u have made up ur mind to give ur hard earning dont pay full in first motion 

 

1 Like

Kunuthur Srinivasa Reddy   20 July 2017

I totally agree with Autohide's wisest counsel. Never submit to your Counsel's suggestion to part with Rs.15 lakhs. Let the Judge decide right in the Court. Do not risk yourself to part with the cash with a person crazy for cash who can stoop down to any meanest level to extract hard earned cash and properties from you.

Adv Radhika Mehta (Advocate)     21 July 2017

It is not just about the money but the time and health you save from not having to run around 10 different Courts. 

Indian Husband- draw up detailed Consent Terms, specifying that she shall withdraw all cases, the mode and manner of payment.  You can pay her in parts, one at the time of signing and filling of Consent Petition and the other on the day the Decree of Divorce is passed.  Alternatively, you can also deposit the money in the Court if you feel that she might create trouble.

However, i have one query.  If your lawyer is saying that the matter will get over in a single day, then he will most likely be filing for conversion of your Divorce Petition to a MCD because if he is filling a fresh MCD, then the matter will go on for 6 months.   If he is indeed filling a fresh MCD, i would advise you not to withdraw your Divorce Petition till the Decree of Divorce is passed. 

Kunuthur Srinivasa Reddy   21 July 2017

Dear Petitioner Husband,

The divorce petition from a husband, even on valid grounds is not treated on equal ground unlike that for wife in Indian Courts due to gender bias in preference to women. The statistics would reveal the fact let alone the merits. In principle, husband should not file the Petition for divorce in Indian Courts for whatever earthly reasons. One should be strategic and tactful in handling the family litigation than being truthful in view of changing human ethics and values. Gone are the days of customs, traditions and sanctity of marriage as an institution since it has become a mere business. 

Once the family litigation is started for whatever reasons, out of court settlement always gets skewed that results in injustice to one of the parties what to think and/or talk of equal justice to both. 


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