Settlement-what should i do now.
Querist :
Anonymous
(Querist) 19 October 2011
This query is : Resolved
I have one querry. if high court is taking too much time in dealing...with quash of 482U/s.
1..can we still go for divorce case and get over with it, even though contract between two parties says that, money would be paid to other party once all the cases including 482 A has been settled.
2.Will high court ask for the presence of other party for quashing the case 482A, and what are further outcomes if the other party doesn't show up..as my worry is ,if she gets remarried and once she get all settlement money paid to her...she might not bother to attend the court when needed by court to quash the case.
Does the legal settlement contract ,be any good in such case.
Devajyoti Barman
(Expert) 19 October 2011
1.Yes
2.Yes if it is consensual quashing.
In that case the court may refuse to quash.
Querist :
Anonymous
(Querist) 19 October 2011
If we go for divorce, will the legal settlement document will be of any impotance in 482 A quash,if she choose not to attend the court.
As an expert ,can you guide me if it is good idea to get over with getting divorce and paying all money before 482 gets settled.As it might take a long time even for first hearing.
Devajyoti Barman
(Expert) 19 October 2011
Yes
Yes you can proceed as her absence in the court after settlement and taking the money would be deemed as fraudulent act and the court would quash the complaint even if she remain absent.
Querist :
Anonymous
(Querist) 19 October 2011
thanks very much... I really appreciate it. Do we need to make a new contract saying that even after settlement and getting money they will appear in court when needed.
OR
previous contract is good enough ,that says that money would be paid when all cases and divorce have been settled.(contract along with draft of money is with the haridwar court)where mutual divorce case is going on.
Shonee Kapoor
(Expert) 20 October 2011
Previous contract is good enough.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Biswanath Roy
(Expert) 20 October 2011
Settle up the matter by drafting it from an expert in matrimonial suit pending case in the High Court will stand infractuous.
