Lord Ganesha (service) 31 January 2012

Out of court settlement n petition under sec.13 b

Our family have reached an understanding with my wife's family and one time settlement ailmoney has been fixed at Rs. 3 laks.

My wife has filed cases under sec 498 (A), 504 , 406, 125 of IPC.

I had filed cases under sec 9 and later under sec.13 of Hindu Marriage Act.Both of these cases were dismissed in anticipation of an out of court settlement as i didn't appear on the appointed dates in the courts.

Now, to file a joint petition under sec. 13 B for mutual divorce, is it necessary to attach all the certified true copies of all the cases from both sides??? or just mention of the cases is enough???

Further, the application by my wife withdrawing her cases stating that she has reached an out of court settlement and has received an alimoney of Rs. 3 laks by demand draft as one time settlement money , in all the cases she has filed against me will be enough to wind up all the cases or not????

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5 Replies

Chaitanya_Lawyer_Mumbai (Lawyer) 31 January 2012

Mention in MCD that a DD of 3 lacs wil be given to her on second motion of MCD i.e. after 6 months.

Also mention that she will co-operate in quashing of 498a in HC which would be filed within a month.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 31 January 2012

Mention the same in MCD, however it would have been prudent to give payment in three equal installments.

at first motion

at second motion

at quashing

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Niny (Junior Advocate) 31 January 2012

Settled all, is good to buy peace of mind, To fight and get live in anger of no use,

Ganeshan is lucky to settle quickly with 3 locs only.

dr.pawan rajyan (member and secretory) 31 January 2012

congratulations and follow shoneeji

(Guest)

Now, to file a joint petition under sec. 13 B for mutual divorce, is it necessary to attach all the certified true copies of all the cases from both sides??? or just mention of the cases is enough???

Not necessary.The imp.point is to add these details in Mcd( DD of 3 lacs you paid as one time settlement for all these cases)but if so required by court then you have to attach certified true copies

the application by my wife withdrawing her cases stating that she has reached an out of court settlement and has received an alimoney of Rs. 3 laks by demand draft as one time settlement money , in all the cases she has filed against me will be enough to wind up all the cases or not????

The answer is in your question ," has received an alimoney "means in 125 case .For 498 a 504 etc ,both have to present before the court along with the application which shows settlement i.e, wife is withdrawing these case, it require court permission.