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Praveena Lakshmy   12 June 2022

Settlement in petition which is dismissed as withdrawn

I filed a restitution of conjugal rights while my husband filed divorce.the cases ran for 6 years. We entered into an out of court settlement through a joint affidavit. We both submitted individual withdrawal memo to the court . In view of the settlement our cases were dismissed as withdrawn, the judge brought the entire contents of the settlement in the order. However my husband has honoured the settlement . Is my settlement valid and can it be executed

 

Read more at: https://www.lawyersclubindia.com/search_results.asp?q=I+filed+a+restitution+of+conjugal+rights+while+my+husband+filed+divorce.the+cases+ran+for+6+years.+We+entered+into+an+out+of+court+settlement+through+a+joint+affidavit.+We+both+submitted+individual+withdrawal+memo+to+the+court+.+In+view+of+the+settlement+our+cases+were+dismissed+as+withdrawn%2C+the+judge+brought+the+entire+contents+of+the+settlement+in+the+order.+However+my+husband+has+honoured+the+settlement+.+Is+my+settlement+valid+and+can+it+be+executed&sa=Search



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 8 Replies

G.L.N. Prasad (Retired employee.)     12 June 2022

When the settlement conditions are reduced in a judicial order it prevails for both the parties.

Advocate Bhartesh goyal (advocate)     12 June 2022

Although terms and confitiond of settlement are on record but since cases were withdrawn so termd and conditions of settlement can not be enforced legally.

 

 

Dr J C Vashista (Advocate)     12 June 2022

The Court has dismissed the case(s) as withdrawn but in the order you have stated that the terms and conditions of "out of court" settlement arrived between both of you have been made rule of law, accordingly the terms of the settlement can be enforced and executed.

1 Like

Praveena Lakshmy   12 June 2022

Sir, when I took the order for execution to the court where the order was issued, it said the settlement cannot be executed as there is no decree. Please advise

 

P. Venu (Advocate)     17 June 2022

Is it that "However my husband has honoured the settlement" or "NOT hnoured". However, any meaningfu suggestion requires that the order be perused.

 

Praveena Lakshmy   13 September 2022

"However my husband has honoured the settlement" or "NOT honoured". It was a typo , my apologies. i have filed an execution petition where the family court which issued the order on the settlement is demanding for a decree and has stalled the execution proceedings citing maintainability of the petition. The court has adviced me to approach the High Court for directive of decree on the settlement. With no other known option i have filed a Writ Petition

In this context ;

Is it not the Family court's responsibility to issue decree on the settlement ?

Why did Family Court admit my withdrawal memo when there was a settlement ?asking becasue the order passed by the Family Court " In view of the settlement , the petition is dismissed  withdrawn with the contents of the settlement brought in the order" has not been accepted by the very court after 7 years and demands a decree for execution.

Is there a way i can file a miscellaneous petition and request for a decree to be drawn on the settlement ? please advice.



Read more at: https://www.lawyersclubindia.com/forum/settlement-in-petition-which-is-dismissed-as-withdrawn-224538.asp

Dr J C Vashista (Advocate)     13 September 2022

The facts posted in your query (latest) are vague and not clear.

It is advisable to seek opinion and guidence of your lawyer who is well aware about the facts of the case(s), professionally competent engaged to satisfy your queries.

Praveena Lakshmy   14 September 2022

Any opinion or suggestions from the learned counsels are welcome as i appear as a Party in Person .

 


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