NEED ADVICE
Arvind Singh Chauhan
(Querist) 12 November 2010
This query is : Resolved
There are three cases against X,under 125 Cr.P.C., 406,498a IPC and DV act.
Proceedings under 406,498a IPC and DV act are stayed by High court and matter of 125 is pending in lower court.
According to direction of HC in conciliation proceeding both parties are agreed to compromise. Wife is ready to compromise in lieu of Rs 4 lac, and husband is ready to pay.
what may be the method of compromise, that husband can be saved from all proceedings as he is paying Rs 4 lac. lest wife should not file 125 after divorce.
Please suggest the proper way. Whether joint affidavits may be filed describing the all negotiation before High court and lower court.
Devajyoti Barman
(Expert) 12 November 2010
Yes, and the best place to file such joint petition is before the court of District Judge where the mutual divorce petition is to be filed. In the prayer do not miss to ask for treating the mutual divorce petition as the part of the decree. The same thin may be repeated in the case of the 125 crpc as well as the DV Act. The wife must petition apart from stating other standard things that she got the amount as permanent alimony once and for all.
RAVI B SHAH
(Expert) 13 November 2010
Agree with Mr.Barman.
Uma parameswaran
(Expert) 13 November 2010
I am also supporting Expert Barman's suggestion