MASTHAN (Self employeed) 17 March 2012

Need more info on lok-adalath

Hi All,

1. Couple of our friends settled their 498A matters through LOKADALAT. Could you please share the agreement that you executed at LOKADALAT?

2. Today morning, we went to settlement at LOKADALAT and the details are as below.

A. She filed 498A , DP3 and DP4 cases and we applied for quash and quash is pending before HC

B. She filed MC case and the same is referred to LOKADALAT

C. We filed DIVORCE case and the same is pending

3. The opposite advocate prepared TERMS and CONDITIONS and in that he did not mentioned any where about the with-drawl of the 498A case. And he is telling that if you with-draw the quash petition at HC then we start the trail process and in the trail process she will said that nothing happend and they are going to dispose the case

4. We are not going to attend the any dates for the divorce case , so that you will get the divorce through exparty order.

I raised the following questions/suggestions to the agreement.

(i) What is the need to get the divorce through exparty order? Let her to come to before KAZI and tell in front of him that she is ready to give divorce and sign on mutual divorce papers.

Lets file mutual divorce before court and get it done.

The advocate denied for either of the options

(ii). I also told to advocate that , I am ready to withdraw my quash petition at HC but before that execute an agreement in such a way that she is ready to with-draw 498A case if we pay amount XXXXX.

For this, the opposite advocate said that it is not possible till you with-draw quash petition.

>>>If I with draw 498A quash petition before they execute the agreement at LOKADALAT, what is the gurantee that they will co-operate for withdrwal of 498A case? When I ask this question, the advocate simply tellling you have to trust the advocates.

(iii) they are asking to pay money even before with-drawing the case and they are telling how can she sign on the agreement , before receiving any thing.? Then I told them that

I am not asking her to with-draw the cases and I am not asking them to sign on the papers which claims that she received the money, I am just asking to execute the agreement is such a way that she agreed to

(a) with draw the 498A, DP3 and DP4 cases against all the family members if they pay amount XXXX and in future she is not going to file any civil and criminal case against any of the respondent family members

(b) with draw the MC case if they pay amount XXX and this is one time and permanent alimony and she is not going to claim any movable/immovable properites in future and she is not going to file any other kind of maintainence

The advocates denied for this.

They prepared agreement in such a way that they are going to withdraw only MC case after paying all amount and they are denying to include 498A case in the agreement and they are asking me to withdraw quash petition before execute agreement.

Please let me know your comments on this.

Thanks,

Masthan

Reply Follow

7 Replies

Arvind Singh Chauhan (advocate) 17 March 2012

Keep in mind that-

Quash petition may be withdrawn, but not 498 A, if it is a state case.

But 498 A , DP Act, can be quashed intems of compromise at HC.

MC case can be withdrawn.

There is no problem in exparte divorce.

Any agreement contrary to law are void abnitio.

Share your confusions with your lawer it is his duty to save you from any forthcoming problems.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 18 March 2012

I believe the case is in AP. Otherwise the case has to be quashed only.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

PS: I believe your lawyer is competent to make everything clear to you.

MASTHAN (Self employeed) 18 March 2012

Hi Shonee,

Thanks for your reply. Yes, you are correct, the case is pending at AP only.

Our advocate simply telling to following opposite advocate.

The opposite advocate prepared the following terms and condition

BEFORE THE PERMENANT LOK-ADALAT BENCH, ANANTAPUR

DISTRICT LEVEL AT GUNTAKAL

(REFERRED U/S 20 OF THE LEGAL SERVICES AUTHORITIES ACT, 1987)

M.C. No. XXX/2010

PRESENT: XXXXXXXXXXXXX JFC MAGISTRATE

MEMBERS: 1.XXXX

2. XXXX

BETWEEN : XXXXXXXXXX ---------- PETITIONETER

AND : XXXXXXXXXX ----- RESPONDENT

The petition coming on this day before the lok-adalat in the presence of SriXXXXX, Advocate for petitioner And Sri XXX, Advocate for respondent. The members in Lok-Adalat

have effected compromise in between the parties. The parties have agreed for the settlement effected by the Lok-Adalat and accordingly the following AWARD is paased on terms and conditions noted below.

AWARD UNDER SECTION "21" OF LEGAL SERVICES AUTHORITIES ACT 1987

By mutual agreement the parties have effected the compromise on the following terms and conditions

1. The petitioner has agreed to receive a sum of Rs XXXXXX/- towards her permanent alimony and she is giving up all her rights to claim any maintainence from the respondent towards her maintenance. Accordingly the respondent has paid the said Rs 75000/- to the petitioner and the petitioner is acknowleding the receipt of the said amount.

2. The respondent has pronounced triple TALAQ as per the muslim personal law and thereby divorced the petitioner, the petitioner is ratifying the TALAQ given by the respondent.

3. The respondent is handing over the gold oranmenr weighting about 5 tulas to the petitioner which were presented to her at the time of marriage. The petitioner has received the gold ornaments.

4. The petitioner has no claim whatsoever in future against the respondent. The petitioner has no right whatsoever in future against the person or property either movable or immovable of the respondent.

5. Each party bear their own costs.

Sig of Petitioner sig of respondent

Advocate for petitioner Advocate for respondent

Presiding Officer,

Permanet lok-adalat

>>>I have the following doubts on the above terms and conditions.

1. In the above agreement no where they are talking about the 498A case.

2. In the above agreement no where she agreed that she will come before KAZI and co-operate for divorce or she co-operate for mutual divorce

3. They are asking to pay all the money before executing this before LOK-ADALAT.

>>>Could you please let me know what changes we need to make to the above agreement, so that

A) She will help to get discharge from 498A

B) she will help to with-draw MC case

C) she will help to get divorce from KAZI/through court of law

D) She will not file any civil/criminal cases in the future against any of my family members.

E) How can I trust them to handover cash/articles even before they sign on these papers before MAJISTRARE

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 18 March 2012

This settlement agreement is not complete. You should/ must include the conditrions which you want to be put in the said settlement agreement,

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

MASTHAN (Self employeed) 18 March 2012

Hi Kapoor,

BEFORE THE PERMENANT LOK-ADALAT BENCH, ANANTAPUR

DISTRICT LEVEL AT GUNTAKAL

(REFERRED U/S 20 OF THE LEGAL SERVICES AUTHORITIES ACT, 1987)

MC No. XXX/2010

PRESENT: SXXXXX, Judicial First Class Magistrate, Guntakal

MEMBERS: XXXXX

XXXXXXXXXX

BETWEEN :

XXXXXXXXXXXXX

--------- PETITIONETER

AND :

XXXXXXXXXXX--------- RESPONDENT

The petition coming on this day before the lok-adalat in the presence of XXXX, advocates for the petitioner. And XXXX advocate for the respondent, legal aid counsel. The members in Lok-Adalat have effected the compromise in between the parties. The parties have agreed for the settlement effected by the Lok-Adalat and accordingly the following AWARD is passed on terms and conditions noted below.

AWARD UNDER SECTION "21" OF LEGAL SERVICES AUTHORITIES ACT 1987

By mutual agreement the parties have effected the compromise on the following terms and conditions

The marriage between Petitioner and Respondent was solemnized according to Muslim customs at XXXX on DD.MM.YYYY

They lived together at XXXX, India for four weeks and they are living separately since DD.MM.YYYY

The Petitioner and Respondent submits that their marriage was irretrievably broken down and there is no possibility of reconciliation owing to multifarious litigation between the parties.

In order to avoid further suffering, Petitioner and Respondent have decided, of their free will, to obtain a mutual divorce at Govt approved KAZI, XXXX, Andhra Pradesh on the following terms.

LEGAL CASES:

Petitioner and Respondent agree, of their own free will, to file for mutual divorce before Govt approved KAZI, XXXX, AFTER all other pending civil/ criminal cases between them are withdrawn / resolved.

Both Petitioner and Respondent submits that they will not retract their consent for this mutual divorce at any later stage

Petitioner agrees to help get discharge of all accused in the following cases against the Husband and his all other family members.

A. CASE No:. CC XXX/2010: 498A, DP3 and DP4, which is pending before the Judicial First

Class Magistrate court of Andhra Pradesh at XXXXX

Petitioner agrees to withdraw the following cases against the Husband

A. MC XXXX : - Maintenance case u/s 125 Crpc pending before JFCM Court at XXX

Respondent agreed to with draw the following cases against the Wife.

A. OS. 301/2011 : Divorce ................................. which is pending before the Judicial First Class Magistrate court of Andhra Pradesh at XXXX

MAINTENANCE AND PROPERTIES:

Respondent agrees to pay a sum of Rs XXXX/ to the petitioner as full and final settlement of all claims of maintenance, alimony subject to the following timeline.

A. 60 % said amount RXXXX/- , which is equal to Rs XXX/- would be payable at the time of withdrawal of maintenance Case which is pending before JFCM Court, XXXX in the file of MC XXXX

B. 40% of said amount RsXXXX/- , which is equal to Rs XXXX, would be payable on the day of completion of mutual divorce at Govt approved KAZI, , Andhra Pradesh, India.

C. All payments will be made through cheque/Demand Draft.

Petitioner agrees to handover the jewelery of respondent late Mother consisting of 12 tulas of silver articles at the time of discharge of 498A, DP3 , DP4 cases which are pending before JFCM, court XXXX in the file of CC XXX

Respondent agrees to handover the petitioner gold jewelery which consists of (i) a long chain which weights 3 tulas , (ii) a small chain which weights 1 1/2 tulas and (iii) a ring which weights 1/2 tulas at the time of discharge of 498A, DP3 and DP4 which is pending before JFCM, court XXXX in the file of CC XXXX

Petitioner and Respondent have exchanged all their belongings like jeweleries and cloths except as mentioned in point 11 and 12, with each other and they will have no claims whatsoever in this regard at any later stage.

Petitioner and Respondent submit that they shall not claim any maintenance or permanent alimony against each other at any later stage including any claim for properties, either movable or immovable

ATTESTATION:

The settlement contained in this document is comprehensive and final. No subsequent conditions / demands will be raised at any later stage.

No legal cases will be filed by either Husband or Wife against each other or any of their family members at any later stage either in India or abroad.

Husband and Wife have made a complete, fair, and accurate disclosure to each other of all financial matters affecting this agreement.

Husband and Wife have each been advised and counseled by lawyers of their own choice regarding their legal rights as related to this agreement.

This agreement is intended to be a final disposition of the matters addressed herein and may be used as evidence and incorporated into a final decree of divorce.

Husband and Wife are agreeing to the contents of this settlement of their own free will, without any coercion, conniving or collusion between them. This settlement agreement is being presented after detailed deliberations and application of mind and after having come to the conclusion that the dissolution of marriage is the only solution in this case.

Agreed to this on DD-MM.YYYY