Family settelment
Querist :
Anonymous
(Querist) 11 December 2011
This query is : Resolved
dear expert i an junior advocate
i had sent a notice on behalf of my client (wife) to her husband that resume cohabitation from the receipt of the notice or give valid legal ground for not doing so my client is a genuine wife now i got a call of an advocate from Gujarat on behalf of husband as he stay at Gujarat she told that her client is ready to be with my client and her 3 year daughter now what should i do actually my client is not only my client she is also very good friend of mine my client is afraid to go with her husband so she want some proof that he will be a good or nice to her forever both of the family( my client and her husband family ) will come face to face and put their terms and condition to each other
so please guide me what kind of papers can i make for the future benefit of client and her daughter
Raj Kumar Makkad
(Expert) 11 December 2011
There shall be good if family life is based upon no condition but if there is a gap between them then a settlement deed may be got executed based upon mutual understanding.
In the given case, you would have deeply thought of the consequences of the notice. As the same has been accepted by other party so there is no valid ground with wife to deny now.
prabhakar singh
(Expert) 12 December 2011
you are seeking guidance when a RCR notice sent by you on wife's behalf is responded by husband's advocate on phone admitting the notice.You have not told any back ground of the case in which i can understand that why spouses are living separately.What is the cause of neglect.i do not know how can there be any deed,where? how??and with whom???.
I do not know you asked or not the lady advocate to send the husband to come and take his wife and daughter to Gujrat or not.????If not, then now you phone her[husband's advocate] and start with reference to previous one.Request her to send husband come and take his wife and daughter to Gujrat and record the all conversation ,I think they must have recorded the earlier one.The recording is a necessity as they have a notice in writing but you do not have any proof of its response while they must be having.
Devajyoti Barman
(Expert) 12 December 2011
Marriage survives on mutual trust and faith and not on some mere paper bonds.
If your client is so afraid to go with her husband then I do not see much prospect in this relationship unless she develops some kind of faith.
Nadeem Qureshi
(Expert) 12 December 2011
Mr. Makkad & Mr. Burman is right
Guest
(Expert) 12 December 2011
Only mutual faith & trust can provide any guarantee, none else.
Shonee Kapoor
(Expert) 12 December 2011
One basic query Ld. Advocate,
If wife did not want to stay with the husband, why did she send the notice of RCR?
Malafide is at the part of the sender of the notice now.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 29 January 2012
Prepare MOU, send draft to his Advocate for Approval, Agree with terms that ensure safety and peace, Let both party undertake to keep each other happy.
Any dispute raised earlier is forgotten and forgiven.
It will save the marriage, save a house, and 3 years daughter will unite with her father.
I assure you, Divine and pure love relationship in this world is that of a daughter and a father. This relationship is unique, and will bind their parents. Save this marriage, handle tactfully, firing both the parties, correcting them, showing the root cause of dispute if you can investigate, and remove it for non occurrence in future.
God bless both Advocates, and the separated family.
I am always available for consultation, FREE OF CHARGE, and ready to travel in whole of Gujarat at my cost, to save the broken house,
I will send you the DRAFT that I used to save such couple, more than 100 times!!
All three Photographs, with their parents, on Stamp Paper, and notorised it. Prepare Two Sets, giving both party the Original Copy., binding all for their future behaviour. Term include Reporting any further dispute in future to Advocate, and/ or a committee of 5, elderly persons of their choice, who will witness this DEED, and h-w not to act their own, without grievance decided by the appointed Hon Committee.
It is like heart operation, very highly skilled tactful operation. Human feelings, to tackle are not easy. Beware, there are wolf, with black-sheep in settlement meeting
It usually works.
Both feel, not it is in writing.
Time & bed cured balance disputes. Let nature heal the wounds.
Adv Shroff
29-01-2012
V R SHROFF
(Expert) 29 January 2012
Shonee saab, where is this statement?? "If wife did not want to stay with the husband," why did she send the notice of RCR?
Arun Kumarji "Now the wife is on her own trap." What trap?? Adv says "Wife is a genuine wife"
Such matter must be minutely observed, word to word.
We cannot play with Life of young Couple.
Breaking home is very easy. Saving broken home need very careful & delicate approach.
