Ramesh (student) 06 October 2013

Mediation

Wife filed CRPC 125 and thereafter DV Act 2005.There is a son of the wife and she is living separately from the last 7 years. son is with the wife. Wife lost the maintenance case but court awarded the INTERIM maintenance to son for 10000/- pm in CRPC 125. DV is in progress but not in the stage of any award.

Advocate of husband for trying the mediation in family court for settlement and it is to be held in judge chamber.

1. In view of above kindly guide what precaution, terms and conditions, visitation of child etc can be taken.

2. Further husband has paid 50000/- till date for interim maintenance. Can it be deducted in the settlement and what will be the name and surname of the child after the settlement? How to deal the issue for custody of child?

3. Since there is no maintenance to wife so this settlement is for well fare of the child. How to ensure that wife not mis utilized the settlement amount.

Any other precaution which can be taken in the case

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2 Replies

T. Kalaiselvan, Advocate (Advocate) 07 October 2013

The court's denial of maintenance to wife is not a matter for one time settlement. The conditions can be drawn for one time settlement and how the money to be utilised, whether for the child alone or to the wife also, if so, what is the quantum to each and also whether to deposit the money for the child with any bank and all other details are to be discussed, written and signed by both the parties and ensure the same being recorded by the court to reflect in the judgment decreeing the dissolution of marriage on the grounds of mutual consent. Before any settlement, all other cases filed by the wife to be withdrawn. The one time settlement amount will not take into consideration about the amount already paid towards maintenance, however, for the present, stop paying the maintenance amount until a confirmed decision is arrived at.

Ramesh (student) 08 October 2013

Dear Shri Kalaiselvan,

Thank you very much. We have also filed a case of custody of child and our main conditions is to hand over the same to husband by the wife. Further since wife is earning well therefore her maintenance has been rejected. In view of above out of one time settlement our demand is to proportionate the settlement amount into 75:25 i.e. 75% to the well fare of the child looking to his age and 25% to wife as she is maintaining very well after leaving husband since last 10 years and also she possesses the professional qualification.

So far as the claim of ornaments are concerned we have proof that we have already handed over it to her but she is demanding it again and also producing the fake list of ornaments which were never given to husband and his relatives.

Kindly guide