Suit decreed and compromise

aisha (Querist) 28 May 2017 This query is : Resolved
Wife filed suit for specific performance against husband .Suit decreed with cost and now RSA pending in high court. Wife is also granted maintenance under d/v and 125 crpc. Now husband approached for compromise in hight court and agreed to pay one time alimony and get divorce by mutual consent. Bu he want that wife should help in allowing RSA pending in the high court. Is it necessary to allow the RSA or matter can be settled with compromise agreement as wife will not press for decree. Kindly advice ? Kindly advice alternate that wife can get cost of the suit as well.

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Dr J C Vashista (Expert) 30 May 2017
What was the suit seeking the relief of "specific performance"? How the suit got decreed with costs is required to be perused for forming an opinion?

As stated wife was granted maintenance under Section 19 of the Protection of Woman from Domestic Violence Act, 2005 as well as u/s 125 of the Criminal Procedure Code, 1973, which is generally granted at "either" of the case? If so, it is obvious to challenge and get appropriate orders to amalgamate and set aside either of the order so passed by inferior court.

There are number of issues raised in this query, if it is real and not an academic question.

With respect to compromise wife has agreed to take "one time" payment for alimony implies that she wants to settle all the pending issues; consequently pending cases shall have to be withdrawn or decided in favour of petitioner as s/he sought the relief, accordingly wife has to opt for settlement/help her husband in allowing the RSA in favour of husband or its withdrawal as compromised.

Consult your lawyer who is well aware about the facts of the case(s) and/or some other senior local lawyer, if you are the counsel of either of the parties to lis as case file is required to be referred for forming an opinion and advise.