settlement compromise deed HMA
motherson
(Querist) 07 July 2015
This query is : Resolved
Under HMA section 9 the petitioner wife had entered a settlement deed in 10/2014 with husband. In meditation centre of respective Distt court.and on that basis MCD 13B was filed in said court after withdrawing (subject to compromise)her dv case and u/s 125 (at that time interim mtc.stands granted and under Dv case, visiting rights to visit her only 7 year minor son who is living with husband family ,stands granted]
No alimony amount was sought by wife as per settlement deed .In second motion,husband gave statement that he acted as per compromise but wife refused for divorce giving statement that husband has not acted as per compromise terms .The DJ, in 2 motion dismissed divorce application. Wife filed execution proceedings. Before it,Husband never challenged divorce 13 B. In execution proceedings, judge is saying � settlement compromise deeds� have no legal sanctity".whereas,.(the settlement deed is penned with the efforts under the court appointed mediator,witnessed by father of both litigants and respective counsels, with signatures)
The deed centred around only child of litigants and wherein wife preferred child instead of alimony) Moreover, it is also signed by husband in the said settlement deed , that in case husband backs out terms of settlement deeds, the wife' right to reopen all pending cases along with child custody, against him
Under the above context, is the judge' observation is correct ,if so,What next wife (petitoner] can expect?
Please guide me
Kappil Cchandna
(Expert) 07 July 2015
Sir,
On what point she says that the husband has not acted as per the compromise deed?
Compromise deed will be applicable and will bind both the parties.
Better would be to reopen the second motion and make sure it gets passed in any case.
Warm Regards
Kapil Chandna Advocate
9899011450
motherson
(Querist) 17 July 2015
{It is query from the petitioner wife].(for kind ATTN.Mr kapil chandna)
The execution petition filed by petitioner to execute the settlement/compromise deed submiited to respective judge in distt. court by the court's appointed mediator stands dismissed by judge 'as the petitioner has 'withdrawn' the McD 13B' in 2nd motion "(ignoring the fact on record that wife did not go for divorce since the respondent had not comply the main term/condition of settlement deed up to the date of 2nd motion)
Under this context, appeal is being filed before respective DJ. Please advise ,any other legal remedy as petitioner wife is suffering depression and uncertainty
Thanks
