Settlement
kiran
(Querist) 14 February 2012
This query is : Resolved
I have 498a,DP3,DP4 and DV Case Runing,
Last DV hearing they have directed to Loka adalath where we(my self and 498a wife) agreed to seperate.
Based on the below terms:
1. she is aggreed for the full and final one time settlement for Rs. 10,00,000 Only.
2. she will apply for the divorse.
3. Agreed to close 498a,dp3,dp4.
4. No future Maintenance and will have any legal relationship/rights between both parties.
Upon closing 498a,dp3,dp4 and she gets divorse in 3 months, I will make the payment.
I would need experts suggestion on the above terms
Thanks
KN
Sanjeev
(Expert) 14 February 2012
The settlement seems fine but 498A would need to be quashed from HC and it would be worth to get the settlement points added in the Quash petition so that she also dont back out from the settlement later.
It would be good to apply first motion for MC divorce and pay part of the agreed amount at the time of first motion and the final payment should be made at the time of second motion.
In the meanwhile get the 498A quashed from HC basis the settlement.
kiran
(Querist) 14 February 2012
Dear Sanjeev,
sorry for the little information,
My 498a is in AP, where 498a is compoundable. Please advice me
Sanjeev
(Expert) 14 February 2012
Then you can proceed accordingly and get this compounded from the trial court itself but pay in stages and not full amount at inception its seen that many times wifes dont turn up for second motion and you end up paying full amount.
kiran
(Querist) 14 February 2012
Thanks you Sanjay,
I agreed to pay only when they close all the cases. no partial payment now.
kiran
(Querist) 14 February 2012
But I need suggestion on the below Term.
She only going for Divorse(One Sided), it is not MC Divorse.
Is this term okey or is it wrong.
Thanks
Tajobsindia
(Expert) 14 February 2012
@ Author
I am attending to your last doubt as Sanjeev has aptly replied to your other questions before us.
May be you need to talk to her again on unilateral divorce filing as there is no point to go to such length and then she files divorce. What she means is actually MCD and not divorce where in both of you will be joint petitioners.
Chaitanya_Lawyer_Mumbai
(Expert) 15 February 2012
Make Joint-petition for MCD with below conditions:
1.Compounding of 498a & other cases within a month of first motion.
2.Settlement amount of 10 Lacs to be paid on second motion.i.e after 6 months.
