Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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eswar (software)     26 June 2011

Agreeemnt clause

My wife has filed complaint and FIR is lodged under 498A, DP3 & DP4, 323. chargesheet yet to be filed. Now they have come for settlement and case is referred to mediation center -

I plan to play first installment 50% at the time of quash in High court  and final 50% at the time of final recording of the settlement.

I have an issue - what should be clause in the agreement in case if she backs out after the first installment.

The mediation draft copy prepared just says -

"Both parties shall co-operate with each other in performing the terms of this agreement and if
either party violates the terms, the aggrieved part is at liberty to enforce this agreement in
accordance with law."

I am planning to insist on adding the following - please let me know if it needs to corrected.
 
That the terms of compromise deed would be binding on both the parties.
In case the respondent backs out of the compromise after receiving first
or second installment, then she would be liable for legal action besides
recovery of money along with interest @ 24% per annum. In the event
of the Petitioner fails to pay the permanent alimony as afore said,
the Respondent shall not abide by the terms and conditions of this agreement.

 



Learning

 1 Replies

eswar (software)     03 July 2011

can some please help me out ?


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