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Settlement after long fight.

(Querist) 13 April 2012 This query is : Resolved 
my 498a dvc and cheating cases have been going on from past 4 yrs in session court..Judge asked both the parties to settle the case infront of court lawyers in lok adalat.After lot of negotiations both parties came to one figure..My Questions are?

1.Money should be given before/after the cases are withdraw? or total amount should be given after divorce taken by mutual concern?

2.In lokadalt after settlement from both ends is divorce is mandatory to taken in family court or it can be taken at lokadalat?

3. What should be the matter in MOI?


ajay sethi (Expert) 13 April 2012
youer lawyer was present in court when settlement was arrived at ? what were terms agreed ? when was payment to be made . honour commitment made before lok adalat divorce has to be taken in family court by mutual consent
Devajyoti Barman (Expert) 13 April 2012
1. Ideally the money should be divided into 2 parts.
The first part may be given at the time of signing of the petition while the rest may be given at the time of final hearing.

2. In Lok adalat itself the matter may be finally disposed of.

3. All those statements necessary for final settlement and withdraw of pending cases.
M/s. Y-not legal services (Expert) 14 April 2012
the answer for your question no.1 and 2 is depends upon the both party's mutual consent regard this issue.. its may be cleared by a written agreement.

prabhakar singh (Expert) 14 April 2012
मै श्री बर्मन साहेब की राय से इतेफाक रखता हूँ.
Shonee Kapoor (Expert) 14 April 2012
You should pay in installments at various steps.

10% on signing

20% of first motion

30-40% on withdrawing of all cases

rest on second motion.


Shonee Kapoor
Shonee Kapoor (Expert) 14 April 2012
Also, make all payments by DD/ Crossed Cheques and not by cash.


Shonee Kapoor
V R SHROFF (Expert) 14 April 2012
Shiva, LOK ADALAT DO NOT PASS DIVORCE DECREE. THEY PASS WHAT IS CALLED "AWARD" It is having same force of Divorce. You must go with consent term, having time & money payment schedule.+ custody of children if any. The Divorce will be granted with consent terms as part of it. Decree and Judgement are not drawn. You pay 50% in DD form, and 50% in 10 equal installments., or as both of you agree upon. It is your choice.
M/s. Y-not legal services (Expert) 14 April 2012
hindi theriyama engalala uyir vaala mudiyatha shroff sir..

for know this meaning you have to learn tamil.. tamil also can rocks..


Shonee Kapoor (Expert) 15 April 2012

My friend, all languages rock.


Shonee Kapoor

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