Full and final settlement in hc and 125 crpc same day.

Dear Ajay

read carefully the word of HC

"The matter relates to matrimonial dispute which has been settled by the
parties through the Mediation Centre. As per terms of agreement,
parties have settled that they will not prosecute any proceeding in any
Court pending on the date of compromise."

she can file the maintinance petition because she has not left her rights, explain terms and condition of the agreement

I CAN GIVE  YOU BETTER ADVICE AFTER PERUSING THE AGREEMENT SIGNED BY THE PARTIES BEFORE MEDIATION CENTRE OF HIGH COURT. IT WILL BE BETTER TO CONTACT ME PERSONALLY BECAUSE I ALSO BELONGS TO LUCKNOW AND PRACTICING HERE.

Agreed, it has to be seen from the order and MoU, what is mentioned.

However, maintenance and child custody can be reopened anytime if the situations so warrant.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Agreement points-

1) she will not claim any kind of maintinance in future after this settlement.

2) this is full and final settlement and the drafts will be handed over to her after divorced.

3) All the cases will be withdraw .( 125 no where mentioned since there was no 125 case know on that date).

4) by singing this agreement the parties hereto state that they have no further claims or demand against each other

with respect to case number 42/2010.

my question comes how can be someone be at two courts one side settlement and another side a hidden case on same day. So far situations are concern can not be changed in single day. after filling case 125 she did not appear in court for next 7 months. one day she comes and summons were issued to me mentioning if not present then ex-parte .

no child since she lived only 10-12 days.

thanks

So 125 case can be dismissed based on this agreement.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

@ Author

1. When a Agreement / Compromise Deed is signed and JOINTLY EXECUTED by parties it is the SUBSTANCE not FORM (paras therein) which is interpreted and same stands viewed by various State's HC's judgments in such moment of truth !
Hence say on 01-10-2011 if both of you jointly executed an agreement / compromise deed and presented before Court and a view of the Court is there on that day's Order sheet pointing to such jointly executed Agreement / compromise deed of parties then either party can't enggage other party in a 'frivilous litigation' [PERIOD.]

2. Your brief smells of ingredients of Contempt proceedings in HC and not in S. 125 CrPC Magistrate Court and by way of Contempt of Court proceedings which is a simple Affidavit with supporting Application annexing true certified copy of jointly executed agreement / compromise deed and a certified copy of her S. 125 CrPC application you can kill one bird with one stone instead of muting quash jurisdiction which is expensive and time consuming.

To test para 2 send a showcuse Legal Notice via your adv. to her side with remedy to expressly witdraw as dismissed option of her S. 125 CrPC within 15 days otherwise Contempt jurisdiction optin kar key and see what her side acts accordingly.


[PS.: Sometimes some advises here are too gentlemenly and I thus differ to them :-) ]

Hi Experts,

   I couldn't complete understand the terms provided by "Tajobsindia" sir.

   If I am right "Wife has right to claim maintenance after divroce"

   In the above case where she signed the agreement , as per Tajobsindia we can send legal notice to opposite party to withdraw the case.

    How should we proceed in case she is not willing to withdraw.

For me shall I follow the same points in my MCD petition.

Agreement points-

1) she will not claim any kind of maintinance in future after this settlement.

2) this is full and final settlement and the drafts will be handed over to her after divorced.

3) All the cases will be withdraw .( 125 no where mentioned since there was no 125 case know on that date).

4) by singing this agreement the parties hereto state that they have no further claims or demand against each other

Thanks

Prabhu

Hi,

  Shall We add one more point in the MCD petition that she has to retun the final settlement in-case she claims maintenance in future.

Thanks

Prabhu

@ Prabhu

The answer I gave above is for @ Ajay the first author of this thread and not for or generic follow-up in all types of situation by generic subsequent readers! Hence understanding it is not required in your nature of situation as we are not aware what are status of your case and who initiated what and it is better to start a new thread 9que.) and experts will reply accordingly.


Each brief differs based on parties situation and it is better for you to follow advise of your Adv. instead of mentioning 1 -4 abv. in your case too as it may differ from your situation. In @ Ajay's case 'settlement agreement was altready in place" and it was violated post agreement hence my answer is for him based on various points of agreement he mentions and what transpired at HC and what she did just after that!

Very right.

No one has absolute claim over maintenance.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

I AGREE WITH TAJOBS INDIA , YOU SHOULD GO FOR CONTEMPT PROCEEDINGS.

Thank You !