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Sir,
My marriage was solemnized on 23-06- 2004. My wife has resided with me for
5-6 months in breaks and finally left my company on 18-06- 2006. And then
filed various criminal and civil cases i.e. 498-a, 406 of IPC , sec- 125 , sec. 18 of
HAMA, 405, 406 of IPC, sec.9 with sec. 24 of HMA, and domestic violence and
maintenance in domestic violence act etc. against me and my family members.
In these cases in u/s 125 Rs. 1500/- allowed and in sec 24 Rs. 1500/- , later on
high court has enhance Rs. 7000/- p.m. including all maintenances granted
above.
Till today 498-a, 406 is pending for cross examination of my wife, this case is
pending in rajasthan. All other cases are running in Maharashtra.
Now she came for compromise and ready for mutual divorce. After agreeing
on x amount, she is asking for first installment on filing on mutual divorce ,
and second on when she and all her witnesses will hostile in court and change
their evidence in 498-a and third and final installment on the day of decree
and on same day she will withdraw all cases of maintenance etc. in
Maharashtra.
Now my questions are -
1- that her advocate telling that, she will convert pending sec.9 case in
mutual divorce and there is no need for wait till 6 months of cooling
period. And her adv. told that they will manage it and divorce decree will
pass in any time in 1-2 months. Is it possible ? I checked in rajasthan, my
adv. told that in Rajasthan it is compulsory for wait for 6 months of
cooling off period. Please guide me. We are living separately since last
10 years.
Her lawyer is wrong. Six month Cooling off period is mandatory.
2- When my wife and witnesses of her side her parents and two neighbors
change their bayan, what will be decision of court, whether court grant
us clear cut acquittal or will give doubt of benefit? Sir, I need clear cut
acquittal. Pl. advice and help.
No one can anticipate the decision of the court. If you are going for MCD you should file quash petition in HC
3- What kind of clause will come on paper from side so she will be not
permitted for any claim in my income of property of our ancestral
property in future i.e. after divorce ? Pl. guide.
All this will be written in settlement deed signed by both of you.
You are strongly advised not to give any payment on first motion of divorce and give all amount on second motion of divorce i.e. at the time of court grants divorce.
This should be main point of settlement deed
Regrads,
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