Out of court compromise

seema (Querist) 06 September 2011 This query is : Resolved
Petition for RCR filed by the wife. now both the parties want to put an end to the marriage by mutual settlement.please advice the steps how it can be done??

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Kiran Kumar (Expert) 06 September 2011
comply with the conditions mentioned in Section 13 B of the Hindu Marriage Act.

a written settlement is necessary in order to ensure proper filing of the matter and for permanent ending of disputes between the parties.

prabhakar singh (Expert) 06 September 2011
Expert : Kiran Kumar rightly opines for you.

seema (Querist) 06 September 2011
Thanks kiran kumar for ur valuable reply. I have alreday gone through the provision for divorce by mutual consent. But I just want to know whther before filing the petition for mutual divorce u/ s 13B of HMA , a written agreement is required? whether the petition for RCR to be withdrwan by thw wife before filing a petition for mutual divorce? what will happen to the maintenance amount which a wife is entitled? how her stridhan can be claimed back?? Thanks much in advance.

Guest (Expert) 06 September 2011
the wife can withdraw the RCR and the terms and conditions are settled in the divorce petition and in this petition you can write what the settlement has been organised between the spouses.

Devajyoti Barman (Expert) 06 September 2011
The same case for RCR may be converted into case for mutual divorce for which the petition for mutual divorce needs to be filed with a prayer fro conversion.

Dr Anil Kumar Singh (Expert) 06 September 2011
I agree with the experts . You should file written statement with a prayer to convert the RCR Case into case for divorce with mutual consent . You should take care that the terms of settlement of dispute are decided and have the mention of streedahn and permanent alimony along with the maintenance amount if any.

seema (Querist) 06 September 2011
Thank u all for your expert advices.your co-operation is highly appreciated.thanks again.

Raj Kumar Makkad (Expert) 06 September 2011
I also have similar opinion as all of experts on this common matter.

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