Order 23 rule 3 cpc, compromise, contested divorce decree

1. Actually it is called as collusion encouraged by the very officer of the Court as per me.
2. However such Compromise is valid only till either party do not challenge it.

In all fairness one should avoid such wizardry by officer(s) of the Court(s).

Thank you Tajobs..

Compromise is valid only till either party do not challenge it.

That means, if either party can challange after obtaining the divorce decree? (even if the compromise arrived between both parties at the time of proceedings under order 23 rule 3.)

my wife's advocate & my advocate are forcing me to go this way (saying time saving & legal) compared to MCD, saying wife can not challenge once the divorce decree is passed in this manner.

1. Donot go for such compromise.

Thank you Tajobs.. I will now avoid such comrpomise. They may very well refuse my MCD. So, i have to fight again until they agree for MCD.

In this court (district court in andhra pradesh) all counsels are doing the same thing, no one is filing or encouraging MCD:

(i) O.P. petition by wife for contested divorce

(ii) after one month, such compromises under order 23 rule 3 of cpc by both parties

(iii) divorce decree to wife

Yeah you can fight again until they agree for MCD but the equation would be the same there too !!. 

Under MCD and after taking away the settlement amount a few years down the lane under change of circumstances she can very well challenge the same under the influence of a corrupt lawyer showing her his lolly pop  and than ask for more Alimoney . Ultimately what ever be the  outcome she gets from this litigation maybe a penny or so from his lolly pop but by than her lawyer has earned his fees !!

Thank you Stanley...

Is there any way to avoid such situation? please guide

your deatils are unclear as to the no of children you have .There is no fool proof situtation ,All you can do is to seek for  monthly maintanence  be paid and even this too can be challenged under change of circumstances .

Marriage held on 20th May 2009

Both parties are living separately since the last week of July 2010 (only temperamental differences & incompatibility - marraige alliance through telugu matrimony & girl's father is SI of Police)

Out of wedlock no child, both the parties are educated (PGs). Both have worked before marraige & after marriage.

Husband sent legal conjugal rights notice to wife on 11th November 2010

Wife filed: 498a IPC, 3 &4 of DPA on 18th November 2010 (on seven family members, including relatives)

Wife filed: DVC on 19th November 2010 (on seven family members, including relatives)

Chargesheet filed in 498a Case, No progress, Only dates

In DVC Case her cross-examination is over, after that i attempted to file perjury on 28th February 2013 stating all documented proofs, magistrate did not rejected nor admitted (lot of hesitance on my perjury application - magistrate said: i have to file everyone who is coming to court..blah blah). Final outcome for this case clear - there is no chance for her to get maintenance & this case can be proved as counter blast to my legal conjugal rights notice.

(after two and half years of court battle) Now girls side is coming for compromise, my side also agreed to end this by way of full&final settlement, permanent alimony. Amount agreed by both parties is 4.5 lakhs.

Now our both counsels says this is the way they will give us the divorce decree (contested, compromise terms under order 23 rule 3 cpc as listed above, after withdrawing all the cases, not by MCD.

Kindly suggest me the way forward.

phew a 498 A going on than the same has to be quashed as the charge sheet has already been filed . As for the DV case the same has to be withdrawn by her only than can you go for MCD as there is no point lingering out in courts .

As girls side has approached you for compromise as already advised above dont go in for it and pressurise for MCD only after the above .I presume you are young and 4.5 lacs is nothing as compared in todays world and you can re -marry and lead your life once again  . 

Why I said para 2 and para 1 in respective reply is reasoned in annexed (in PDF format) less than 1 month old Hon’ble SC Judgment. Rest is your choice.

Thank you Tajobs Ji..

Now it is very clear.... to go only for MCD. I am not fearing for 'change of circumstances' after MCD as I hope court will not entertain such malafide plea, as short period & no child from marriage.

Dear Learned counsels,

                                               Can some experts tell me if the above mentioned option is possible that too for a nullity case?