Nilesh Kumar Srivastava 09 December 2019

Settlement

Respected forum, I had taken divorce from my first wife in 1989. But in 2017 she applied for maintenance and court also given decided in her favor in last year. But I challenged the decision in high court and the case is going on there. But now she decided on one time settlement, but I am confused if I should do settlement here in high court does it is also valid on the order of subordinate court decision? Or I have to settle at both the places.

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5 Replies

Adv Deepak Joshi +917017821512 (Advocate) 09 December 2019

factS not sufficient to advice

Shashi Dhara 09 December 2019

Even she takes divorce legally in 1989.she has rights for maintainence .if she remarried she looses it. So you settle it in one time settlement in trial court and afterwards inform it to high court that it has been settled in trial court and to dismiss it.

G.L.N. Prasad (Retired employee.) 10 December 2019

If you wanted to end the matter once for all with a compromise of one-time settlement, approach to Legal Services Authority and get the compromise an award status.

TGK REDDI 10 December 2019

An Appeal is invariably decided on merits. Neither withdrawal nor compromise is entertained by High Court. After the decision on the Appeal, your wife and you can come to a settlement.