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Chetan Singh (SE)     21 January 2012

Need advice in compromise with ex-wife

Dear Lawyers,

Our Marriage is null and void and I have my pending cases like 498a,323,125 etc.

Now we are in compromise position since we both want to compromise with ourself with 100rs stamp papers ..

Please suggest if the below mentioned point is correct for settlement so that I can poceed with notaray people.

 

Our Condition:-

1.She will widraw all pending cases like 498a,125,323 from me.

2.We will never file any cases on each other like 376,497,494,495 etc.

3.Now my marriage is null and void so I can remarry and she will never oppose my next marriage.

4.She is my ex-wife now, since she had earlier married with other person and have a son of her first husband.Since she has no other place for shelter and she cant able to maintain herself,she is handicaped too, so I am providing her food and shelter either in my own home or seperate room. 

The above point number 4 will be valid until she get married with someone,else I will take care of her.

Please dont advice only negative approach like she may make my life hell etc...............



Learning

 8 Replies

Sanjeev (Lawyer)     21 January 2012

How would just a stamp paper help if it is null and void get it nullified by court and regarding the cases get those quashed first just writing on a stamp paper wont result in these being quashed.

Chetan Singh (SE)     21 January 2012

No, my question is that suppose it want to keep her(ex-wife) my home after these settlemet since she has no other place to reside so being as a human being can I proceed?

 

Please also advice, what is more procedure like we made these statement written in 100rs stamp paper.

Like what to do next after typed in 100rs stamp paper then is there any witness required to sign the papers?also

any lawyers required?


(Guest)

Brother,
1)    498a is non Compoundable offence, so Just writing on Stamp Papers does have any Value. Approach the court and apply for Quash Mutually, Your  both lawyers will guide on this
2)    There is no Magic formula that she can’t file any more furher cases. Better take in writing that all your disputed have settled amicably Either party will not file Criminal or Civil Case against each other.
3)    How can you defined your marriage is Null & Void? Did you take Divorce? Contested or Mutual?
4)    Even after divorce she can file maintenance case unless you take this clause in writing, that other party will not file any maintenance case against you.

It is Better First Let her Help you to Quash All the cases pending against you and then Take all the issue in writing.

rajiv_lodha (zz)     21 January 2012

Dear,

No meaning of this 100rs stamp paper. If u have XYZ grounds to nullify ur marriage, u have to move by legal procedure only. Get decree from court 1st.

Even if u want to keep this lady for SHELTER etc, write a rent dead & take her as ur tenant only.................may be on negligible rent!

Chetan Singh (SE)     21 January 2012

Thanks Rajeev and Zameer for promnt response and suggestion.

I guess thats better idea to make her tenent but after all cases sorted by court.? or can i keep her as a tenent now?

Shantanu Wavhal (Worker)     22 January 2012

 

1.She will widraw all pending cases like 498a,125,323 from me.

apply to HC for quashing

 

2.We will never file any cases on each other like 376,497,494,495 etc.

no use of agreement.

 

3.Now my marriage is null and void so I can remarry and she will never oppose my next marriage.

who is she to oppose ur remarriage after void marriage declaration ?

 

4.She is my ex-wife now, since she had earlier married with other person and have a son of her first husband.Since she has no other place for shelter and she cant able to maintain herself,she is handicaped too, so I am providing her food and shelter either in my own home or seperate room

 

why r u so much worried about her ?

Let her legally wedded husband take care of her. 


(Guest)

Something doesnt add up here.

1. Ex wife had a prior marriage and has a child from the first marriage.

2. Your marriage with this women was her second marriage.

3. You are trying to be sympathetic towards her because she is handicapped and want to support her till she finds another man. 

4. She already has two ex-husbands. Why isnt the first husband taking care of her ? 

5. You have expressed interest in marrying again. How will your new fiance, your family, friends, neighbors look at the situation when your ex-wife is living under the same roof. 

There is something not correct here - your appear to be still attached to this women and this could harm your future relationships. You must watch the movie called " Its Complicated". The ex-husband starts having an affair with his ex-wife while living with his new wife. For rest of the plot, watch the movie. 

In US, such things do happen when there is a child involved. The ex hub and ex wife sometimes live together when the child has special needs. 

Chetan Singh (SE)     22 January 2012

Oh thats great, thanks Amit ji, for clarification. especially point number 3.

 

3.Now my marriage is null and void so I can remarry and she will never oppose my next marriage.

who is she to oppose ur remarriage after void marriage declaration ?

Now I am happy that she cant oppose me for my next marriage.

 

Thanks Adam too,

 

I m downloading movie "Its complicated" and you are correct let her taken care by her first husband.

Many Thanks!


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