Dharmender
20 September 2012 at 14:03
Below is the agreement deed which is to be made between husband and wife to get mutual divorce. 498 and Dv act cases are pending in the court from five years.
Please advice whether this deed is good for Husband or not? Whether few more clauses are to be made in this deed? Is there some thing missing in this deed.
Whether the deed would be signed in front of Judge or Magistrate in any court?
COMPROMISED DEED
This deed of compromise made on this ………..Day of ……………..2012, between Husband (herein called as the 1st Party) and Wife (herein called the 2nd Party) on the following terms and conditions :-
1. That the 1st Party was married to 2nd Party on May 2005 according to Hindu Rites and Ceremonies at Panchkula.
2. That 1st and 2nd Party lived together and cohabited with each other at Ambala Cantt . Both of them moved to NOIDA after a short period and out of this lawful wedlock, a female child was born on 30 Dec 2006 at NOIDA.
3. That the 1st Party and 2nd Party tried their best level to adjust with each other but all in vain and have been staying separately from 30 Jul 2007. The efforts of all the relatives, friends and well wishers also failed in bridging the differences between them. The marriage has broken down irretrievably with out any possibility of retrievable. Therefore, the 1st Party and 2nd party have now mutually agreed to dissolve their marriage without any further bitterness.
4. That it has been resolved by the intervention of relatives and respectable of the 1st Party and 2nd Party that 1st Party will pay a lum-sum alimony of Rs ……….to the 2nd Party for all her expenses including the maintenance and other litigations and the female child will be kept by the 2nd Party through out her life and will have no concern whatsoever with the 1st Party and his family members in all concerns. This amount mentioned above is paid for 2nd Party as well as her female child. It is also settled that no claim of any kind for any litigation or any complaint in the court of law or before any officer will be filed by any of the parties. The female child will not claim any claim of any maintenance or any marriage charges or any claim of property from the 1st Party and his family members in future. The sole responsibility of female child will rest upon the 2nd Party in all respects.
5. That it has also been resolved that the 2nd Party will withdraw all the criminal cases filed against 1st Party Under Section 323, 406, 498-A, 504 and 506 IPC and ¾ of Dowry Act & U/S 18 F&G, 20 of Protection of women from Domestic Violence Act as well as u/s 125 if any, pending at Gautam Budh Nagar, Uttar Pradesh during the pendency of divorce petition.
6. That 1st installment of Rs 275000/- (Rs two lacs seventy five thousand only) will be paid through a Cheque No………………………. dated ……………….drawn on ………………………………..on day of filling of the divorce petition and 2nd installment of same amount will be paid on the last day of signing the divorce decree by Cheque No………………… .dated ………………drawn on ……………...
7. That none of the parties will claim anything in future from either party and all the disputes have been settled by this compromise.
8. That it has further been resolved that both the parties are bound by this compromise and they have no relation ship whatsoever with each other from today.
9. IN WITNESS WHEREOF both the parties have appended their signatures in the presence of witnesses mentioned below.
Witnessess:
1st Party
2nd Party.
dr anurag kashyap
20 September 2012 at 10:42
i want to know who can file a bigamy case against the husband.this person married another lady fraudulently without disclosing that is divorce case is pending in the courts. now bigamy case can be filed by the first wife only who was legally married or the second lady can also file a case of bigamy after prooving the marriage
Ramkrishna
19 September 2012 at 22:39
SIR,
MY COUSIN SISTER WAS MARRIED IN INDIA AND IMMEDIEATLEY LEFT TO USA.
THEY ARE BLESSED WITH A SON WHO IS TWO AND HALF YEARS NOW.
RECENTLY BOTH OF THEM CAME TO INDIA ALONG WITH THEIR SON, SHE HAD TO LEAVE EARLY AS SHE HAD A JOB EMERGENCY BACK IN USA.
HER HUSBAND WAS TO LEAVE THIS SEPTEMBER.
HE WITHDREW $52,000/ FROM HER CREDIT CARD ACCOUNT AND GOT IT DEPOSITED IN THEIR JOINT ACCOUNT.
WHEN MY COUSIN SISTER FOUND ABOUT THIS SHE GOT THE ACCOUNT FREEZED AND GAVE A COMPLAINT TO THE BANK AUTHORITY.
NOW HE DOES NOT WANT TO GO BACK TO USA.
SHE WANTS THE CUSTODY OF THE CHILD.
COULD SOMEONE PLEASE SUGGEST HOW TO GET THE CUSTODY OF THE CHILD.
vijay sharma
19 September 2012 at 17:13
i am filed a case u/s 12(18,19,20,22,23) of d.v.act in this case i need your help her husband and father in law, and mother in law made a consipercy to get rid of from his son wife and they disallow their son and his wife from their all property to avoid the claim of their son wife and tender an affidavite 1st class magistrate and publish in newspaper without her son`s wife knowledge..any case law which help me in this case.....
pooja dedhia
19 September 2012 at 12:58
My uncle is expired. there is no legal hair and his wife.he was the alone person.there is no will of it. the amt which is already kept with post office in kishan vikas patra Now kishan vikas patra is matured now.THERE IS NO NOMINmy father is the entitled to get this matured amount .we have prepared the affidavit by taking the sign of non objection of his brother & sister.my uncle was living at the Gujaratand he had kept the kISHAN VIKAS PATRA AT GUJARAT ALSO HE DIED AT GUJ.what procedure is to follow my father to get the matured amount which is rs 6 lacs?
sHOULD I TAKE PROFESSIONAL SERVICE AT MAHARASHTRA LAWYER OR GUJARAT LAWYER?
Rajiv Kaicker
19 September 2012 at 11:21
I want to make a Will.I have only one child.
Is it necessary to get the Will registered? What are its advantages?
For obtaining a Succession Certificate/Probate,is a Registered Will required?
Ankarsh Rattan
18 September 2012 at 18:15
My wife is living seperted from last 2 years. We have a girl child of 2.7 years. I had imposed conjugal rights case in District Court on 15 October 2010 and custody case for child in lower court. She had imposed maintenance case for her and child in lower court. She is earning Rs 17000 and I am earning Rs 24000 per month. Now i am giving Rs 2000/- PM maintenance to my Child. In custody case the interim visitation hours was given by court on 31 Mar 2012 but that the child will be meet at Church from 05 to 07 PM on ecah sunday, but she does'nt comply with orders of child and I have to file contempt petition. On hearing of both contempt and custody petition, judge , the judge says we will sent your case to mediation centre. Now custody case will sent to mediation centre whose date of hering is in 28 Sep.
I want to withdraw conjugal rights case and continue with maintenance and custody case. Is any future consequences arising if i do this ?
Ravi
18 September 2012 at 14:15
Courtship since 2005 . Introduced to both families 2006. Families met in Apr 2007. Mutual understanding. Agreed for marriage in Nov 2010 (due to exigency on bride’s family end. Marriage in Feb 2011. Left 4 husband's workplace within 15 days of marriage (citing job/study as reasons). Since visited family ONLY twice.
Came 2 Delhi in June 2012. Husband 4 job. Wife 4 preparing for PG exams. Shifted to girls hostel (arranged by husband) near her coaching classes 2 save time. Husband stayed back at brother’s residence. Husband shifted to boys hostel due to job/study constraint in Aug. Since then relation has deteriorated sharply, altough, it was never very harmonious, with wife constantly nagging, fighting on trivial issues.
1.Excessive influence of in-laws, particularly M-I-L.
2.Psychopathic behavior, physical fight in moving car, fighting at metro station at 11 pm
3.Left home twice, came back after persuasion. Left home on 13/8 after fighting on non-issue, defying husband/elder brother
4.Had night-out with an unknown female relative without permission/information from/to husband
5.Shifted to some unknown girls hostel, without knowledge/permission from husband/family and not willing to give address
6.Not heeding to husband/family appeal to come and discuss issues. Declared not to come home/go to home-town
7.Husband’s family approached bride’s father over phone, apprising him of situation and requesting to come-over to help sort-out issues. Father unwilling to comply, saying it’s your family matter, better handle yourself and behind the scene entire family conspiring.
8.Trying to level frivolous charges on husband/family
In past, since marriage/courtship
1.Belittling personal/academic/family of husband
2.Fighting on petty issues
3.No care/love/respect
4.Wants husband to severe his all relationships-Parents/Family/friends
5.Demoralizes husband repeatedly in family/social circles
In view of these, please advise:
1.What can be the actual agenda of the girl/ family?
2.Based on your experience, do you see any meaning in trying to make this relationship work?
3.Going by increasing ever-hostile behavior, where do you see this heading? Meaning, what can be their next possible steps
4.What precautions we need to take to safeguard ourselves from possible allegations/ harassments
5.What do we do to save this relationship
6.Is there any way we can legally stop the in-laws from interfering in our family matter?
7.What should be the appropriate forum to seek support from—like family court etc?
8.Even if the relation survives, how do you view quality of such relationship to be in future?
9.Does it qualify for a case of Desertion/Cruelty/Psychopathy U/s 13 of Hindu Marriage Act
10.What do we do to save the relationship Negotiation/Mediation/Professional counsellin/family court/Restitution of Conjugal rights
11.What if these don’t work?
12.How do we proceed for Mutual Consent
13.How do we ward off from getting alleged with DV, 498A, 406, Sec34 IPC
Puneet Bhardwaj
18 September 2012 at 12:49
Sir
We had applied for anticipatory bail with CAW complaint, list of articles handedover and differential list. The FIR is not yet done. IO is saying he will file FIR next month. People from my wife's side were there. Judge granted us 5 days time saying that since there is no FIR, it seems you have forwarded this application under apprehension.
My lawyer is saying it is equal to bail. we will forward the papers again when FIR take place.
Kindly guide us if our case is on the right track.
Kind regards.
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Muslim law
A & B ARE BROTHERS.
'A' died instated left his wife and four daughters O,P,Q,R behind him.
all were living in one house in name of A.
B died left only one male heir X.
X married with P.
now how to divide the share in the said house?
R says the house was purchased by A from her grand father Z.
while X says that Z had donated the house to him (X) by oral gift.
Both side no documentary evidence available.
The property is situated in an interior village so no past record could be found.
Both parties X And R want to sue against each other how to resolve the problem?
In Gram panchayt form No 2 is in favor of A and Tax Bill shows X name.
R married and living in the same house on other part.
X married with P and also living in the same House.
Can X succeeds if file suit?