Settlement agreement between husband and wife

Rajesh (Querist) 03 July 2015 This query is : Resolved
Due to domestic violence, wife decided to stay with parents. Husband and wife have signed agreement that husband will give her some X amount in Y period as one time settlement, after which both of them will file application for divorce.

Agreement is notarised, whether the same needs to be registered as well?

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P. Venu (Expert) 04 July 2015
Such agreement is not enforceable. However, they can approach the Court and pursue remedies as Law provides.

Rajendra K Goyal (Expert) 05 July 2015
The wife may not come forward for mutual consent divorce and even can withdraw her consent of mutual consent divorce before second hearing, after getting the one time settlement amount. You should file mutual consent divorce petition first, mentioning all terms and conditions including amount of settlement and should pay the amount at the time of final hearing.

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