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Wife refusing to accept the signed settlemt

(Querist) 21 October 2014 This query is : Resolved 
Dear all,

My wife and me are not living together for last 4 years now. I am trying to get the divorce but facing following problems:

1. 1st we filed petition for mutual consent according to which i was to pay her Rs. 525,000/- to be paid @35,000 for 15 months. she came for the 1st motion but due to strike in court 1st motion could not happen. after that she did not turned up to the court for next 3-4 hearing. by that time she already got 12 installments of Rs. 35,000/-. In the month of Dec-12 she filed 2 separate case in other court a)restoration of marriage u/s 9 and b)domestic violence.

2. In the 2nd hearing of section 9 case she asked for mediation. after counselling i agreed to pay her Rs. 15,000 per month for 3 years (Rs. 420,000 already paid under mutual consent case). the petition of mutual consent was not withdrawn till now. in the settlement deed signed on plain paper and witnessed by both the lawyers of both the parties, her father, my father and the counsellor was filed with the court. As per the settlement deed she was to withdraw both the cases and will appear in the case of Section 13 (DMC) and will get his consent for divorce recorded. the case of section 9 was withdrawn on the same hearing.

3) later on, she did not turned up for section 13 case after 2-3 hearing she came to the court once and refused to give her consent and the case was dismissed.

4) after that in the month of Sep-14 i filed the case of contested divorce in which she is contesting that her lawyer and councillor cheated on her and settled her case by force and she want more money for divorce.

5) I never appeared in the case of DV, it was to be withdrawn by her as per the settlement. but she never withdrew that case and now i have been served with a notice of court to appear in that case.

My questions:

1) what is the remedy for me in DV case as it was to be withdrawn as per settlement.

2) Can she succeed in getting higher maintenance than what was agreed in settlement letter. i have already paid all the monthly installment which has fallen due since the time of settlement (15,000@18= 2,70,000)

Please advise a way forward!!!
Devajyoti Barman (Expert) 22 October 2014
1. INCE COMPROMISE WAS NOT FRUCTIFIED, SHE MAY NOT WITHDRAW THE dv CASE ANYMORE AND YOU ARE LIKELY TO FACE ITS CONSEQUENCES.
2.Yes if the court so thinks.
Do not leave any case at the mercy of luck. Fight it on merit.
Virendra (Querist) 22 October 2014
1. how can we say it was not Fructified? i am fulfilling my obligation under that agreement (Settlement deed) by paying her 15,000 each month and she is happily accepting the same. Legally how can she be allowed to violate the terms of that same agreement.

2. if someone can say at a later stage that i was not informed properly before i signed any deed, then for what all those clauses are kept in which we say " i have understood all the clause and give my willful acceptance".
Guest (Expert) 22 October 2014
In your long description about the case, you have missed to mention a simple but very important point whether your mutual agreement was tregistered or not by paying due stamp fee. If not registered, the agreement may not have any legal value. Probably, she is going on that notion. You have also not mentioned what are the views of your own lawyer on the agreement issue. If you are giving money, why she should have any objection? You are just honouring the agreement on your part as a gentleman, but you cannot compel her to honour unless the agreement is duly registered.

About maintenance, the amount depends upon your recurring earnings, which can be fixed as per the law, not according to your unregistered agreement. Till the final judgment, you may treat the amount being paid as an interim maintenance.
Virendra (Querist) 22 October 2014
Dear Sir,

As regard the agreement. when we filed the petition for mutual consent there was no separate agreement but the terms were mentioned in the petition itself.

when she filed the case of section 9, at that time also settlement deed was written in front of Councillor of family court on a plane paper (not registered on stamp paper) which was filed with court and on the basis of which court dismissed that case and directed her to record her consent in the pending petition of divorce by mutual consent.

as per my lawyer, this settlement deed which is being finalized after direction of the court and is being filed with the court , will hold it position in the court of law.

Please tell if he is right in his advise?
V R SHROFF (Expert) 22 October 2014
We are not here to double cross your Lawyer or find fault with his act.

RCR SEC 9 should have been "ORDERED" & NOT "DISMISSED.it would have been a Court Order and binding. You are fooled.
MCD is not decided and after 18 months, it is useless. You lost all that u paid, Again you are fooled.

DV is to be defended by you.
ALL AGREEMENTS, UNLESS ADMITTED BY HER , ARE USELESS. Again you are fooled.

AS COURT FILED CONSENT/ AGREEMENT IS NOT A PART OF COURT ORDER, IT IS AGAIN USELESS AND Again you are fooled.

So now defend DV , that's all. [ Withdrawing DV is not a binding Agreement.
Virendra (Querist) 22 October 2014
ok so its gone all wrong.. being a man who stood to his words although she kept changing her statements, is proved fool.. but wrong is not always completely wrong..

can anyone suggest me a positive possibility which may occur for me.
Devajyoti Barman (Expert) 23 October 2014
Unless the seal of court in final form stamps the compromise, compliance of its terms of either of the parties would be no help.
You need fresh compromise.
T. Kalaiselvan, Advocate (Expert) 23 October 2014
As rightly observed by experts, you have been fooled every time and even now. In the absence of any court order why do you want to keep up the agreement and pay her maintenance even now when she failed to honor the agreement. It is better you stop paying her maintenance any more and challenge the DV case, your lawyer appears to lead you through a right track, follow his advise properly instead of jumping into any wrong conclusion which will be fatal to your own case.
Guest (Expert) 23 October 2014
Your opposite lawyer seems to be much more shrewd than yours. Better discuss in detail with your own lawyer first and then come forward on this forum for seeking solution, if you have any doubt on his strategy to fight/defend your case.
Virendra (Querist) 26 October 2014
Thanks i will come back after discussing the matter with my lawyer...


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