satnam singh (job less) 06 December 2011

How to do safe compromise in hc????

my two quashing case is running in HC(498a, DV). and two case is in Lower court( child custody( child is with me AGe 6.5 yr) and maintainence). IN lower court i have not appeared in any case yet. now my wife says for compromised and mutual divorce. they are demanding Rs. 5 lac. i wish to give 5 lac in form of Demand Draft. but girl side denied and they are compeling to give cash. now in last we decide that 5 lac will be given In HC.I have filed a petition for quashing in HC on compromise basis. and later we will fiel u/s 13b in local court. please answer me following questions.

1) can i give cash to wife in front of judge in HC. and recieve signature on compromise deed.

2) can any body email the suitable sample copy of compromise deed in my e-mail id. ldh2010ldh@yahoo.in

3)i afraid that if girl has taken money and she did 't came to lower court for 13b filing. and after six month will she appear???

4) i offer to wife that i will give money in three stages one in lower court at time of filling 13b and second at time of quashing in HC. and third after six month...but they reject and says i need cash and single time payment. can we ask judge in HC to settle the payment mode..

5) can we file 13b in HC.....

following wording will help me actually. ???????????????

In HC if we mension this in compromise note that we both will file 13b in given time limit . and all cases in lower court will be finised and she will appear where physical appearence is required.

thanking you

satnam singh

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B.K.GUPTA... (ADVISOR) 07 December 2011

There is no specific format for the compromise.First you should prepare a list of disputes -existing as well as those may arise at a later date-and then what solution is suitable to you both.Write down all the points and then contact local advocate.The advocate would draft the compromise and then you both should present the same before the court in which the dispute is pending.

For compromise/consent decree it is necessary that a case is there in the court and the terms of compromise should reflect that it is subject matter of the suit.Although additional terms may be incorporated in the compromise but the main thrust should be over the subject matter of the suit.

Before entering into a compromise make it absolutely clear in mind that you have to strictly follow the terms of the compromise as what you state in the compromise is treated as "undertaking to the court" and if you deviate from it ,it would be treated as "contempt of court"