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sidsimple   10 February 2015

We signed settlement agreement, now what?

I have agreed to pay 5 lakh rupees as settlement to my wife.

We both signed settlement paper.

I have already paid her maintenance Rs. 3000 per month (for 3 months).

My BIG question is:


-> After paying, will all the cases on me (family case, domestic violence, 498a case, etc.) will be dismissed?

Are there any chances (after taking money) of her filing cases? I want to make sure no cases are filed after paying her the said amount.

What is the number of days/weeks should I wait for divorce? We agreed mutually (but I read that there is a six month waiting... is that true?)

Appreciate your response.



Learning

 5 Replies

SuperHero (Manager)     11 February 2015

Make sure the cases are dismissed and then pay her 5 lakhs.

The MOU should be clearly written. Check LCI for many examples. Yes 6 months waiting period is needed.

What did your advocate say?

sidsimple   11 February 2015

Thanks for the response! My advocate is not very supportive (he is constantly giving false info). 

The case has been settled in mediation and the judge is waiting for mediation report. 

In this report, it has been mentioned that both the parties have to withdraw their case. 

Mutually settlement of 5 lakhs which I should give as DD on 25th of this month. 

My question is: On 25th I will get the ORDER copy, and so I was thinking that can we use ORDER copy to withdraw or dismiss all the other cases (like 498a, domestic violence, execution, etc)?

SuperHero (Manager)     11 February 2015

Generally people will give partial payment on first day of hearing if the case is MCD.

Then get the cases quashed.

After 6 months after the Court has awarded DIVORCE DECREE then the second payment will be given.

Please go through LCI there are lot of answers and a download of mutual consent is available.

In the document it will be written like this...

2                 The Petitioners No-1 state that he is ready to give the Petitioner No-2 as per the agreed terms between them that is Petitioner No-2 will not claim any amount of maintenance herself and they have mutually decided not to make any other claims against each other in future. The Petitioner No-1 states and submits that she will receive all her clothes, ornaments, Jewellery, Vessels, belonging and other articles and things which was givenj by her parents, relatives and friends within the period of two months and before getting divorce by the Hon’ble Court.


Attached File : 439370341 45 mutual consent.doc downloaded: 183 times

sidsimple   11 February 2015

Thanks for the response.

Should she withdraw all the cases before settlement or after settlement?

In the agreement I have it has been mentioned what you have stated above. There is NO case number in this agreement which has been submitted by mediator to the court.

I am confused about what to do next. Tomorrow I am have to attend court and the case status is "awaits for reports"

We have been separated for 5 years, so 6 month of waiting period should not be there, right? 

Arpan Vasudev (specialist)     14 February 2015

The waiting period cannot be waived off....irrespective of how long you both are already seprated.take sure ask ur lawyer to prepare a mou mentioning each and every clause clearly. Go to the criminal Court and have the cases withdrawal and immediately go for MCD

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