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inability to initiate a method of settelement.

(Querist) 30 January 2010 This query is : Resolved 
Respected Experts and Dear Members,

Please help me to understand from this tricky situation of a family settlement matter. Husband had filed a divorce petition in a Family Court in the year of 2005 June, immediately after the marriage of two months period. This is mainly due to wife’s deep mental illness which family members had very clandestinely hushed up at its initial period. Later, Husband left India for his employment in Oman. The petition got dismissed due to non appearance.

Little later, Wife had filed 498A and 420 along with Petition for maintenance. Arrest warrant has been issued by the Criminal Court against Husband. Family Court has passed maintenance Order. Last five years Husband could not come to India due to fear of arrest and embarrassment. Thus a process of settlement is now taking place between the people concerned but with lot of slippery and confusions. Relatives of Husband are willing to give them a Lump sum amount as compensation along with Wife’s all other gold ornaments. Relatives of both parties decided on all the terms and conditions and calling the Husband back to India. Thus, decided for divorce on mutual consent and withdrawal of criminal proceedings. Unfortunately, relatives of Wife are demanding all payments and gold ornaments well in advance before the proceedings. This has been objected by the relatives of Husband. At presently Husband is here in India.

Relatives of Wife are not trust worthy, over of period of last few years there were several amicable efforts have been spoiled by them. More over, situation is getting quite worse now particularly Husband being stationed here in India.

Therefore, it is a humble request to all Respective Experts and Dear Members to suggest an earnest way out. Thank you.


Devajyoti Barman (Expert) 30 January 2010
If the settlement is on principle then you can go ahead. The usual precaution is to make part of the amount of settlement change of hands at the time of filing of mutual divorce petition am=nd to pay the rest amount at the time of final hearing. At the same time the criminal case is to be settled by evidence.
N RAMESH. (Expert) 31 January 2010
Husband can enter into a separation agreement with wife in which payment of lump sum as permanent alimony and return of gold ornaments can be described.

Even in the mutual consent, there is 6 months waiting period. Hence part of the amount can be paid in advance under the agreement and an acknowledgement can be obtained from the wife side with further stipulation that further amount can be settled on the date of second hearing., i.e. date of grant of divorce by mutual consent.
adv. rajeev ( rajoo ) (Expert) 31 January 2010
When wife is ready settlement then go for it. She is also demanding money and golden ornaments well in advance, you pay the amount and golden ornaments before her and his elders and take a signatures of all the wittensees, husband and wife and elders of the society who will be present at the time of setllement also take an undertaking from the wife regarding withdrawal of the 498A.
James Arun (Expert) 31 January 2010
One more option is to handover the money and the jewelry to a mutually acceptable 3rd party, someone who is trusted by both parties, with appropriate documentation. Once the divorce decree is issued, and all criminal cases are withdrawn, and evidence of this is given to the 3rd party, he will handover the money and jewelry to wife's party.
pramod (Querist) 31 January 2010
Respected Experts,
I am very much thankful with every Experts in equal. One last concern to this issue. In case relatives of Wife do not agree with these propositions what could be THE METHODICAL due procedures to contest the matters. Particularly Husband now being stationed in India and not attempting to visit his home town due to various natural factors, fear of loosing job, going back to Oman, and possible arrest. Mr. Husband is innocent i.e. he has not committed any offence, he has been framed later when he was not here in India, he is other wise resident of India and willing to provide sound sureties towards his bail. Kindly do guide appropriately.

Thank you once again.
Raj Kumar Makkad (Expert) 31 January 2010
All the facts you cited here must be put before the concerned court with reliable documents definitely all those shall be considered very well and he shall also be entitled for the grant of the bail.
pramod (Querist) 01 February 2010
Respected Experts,

Thank you so much for all the valuable advise.
Sachin Bhatia (Expert) 02 February 2010
agree with the aboove experts


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