Hell Fighter (Member) 12 May 2014

Bets way for settlement

During the last 498a/406/506 case hearing in CAW cell, my wife's side has agreed for a mutual settlement and them withdrawing all false cases such as 125 / DV / 498a/ 406 / 506. The settlement has been reached but I'm still very very worried that her side is not to be trusted and they could take the money from us and then go back on their word which would mean lengthy court procedure to get justice.

For those cases where the settlement is reached - what is the best way to put things in legal paper so that chances of anyone backing out are less? Is CAW cell mediation settlement paper legally valid in courts? Can we decide on the settlement amount in CAW cell and then somehow have the agreement done in court instead of CAW cell. I've heard horror stories of how some people have paid for settlement on signing and first appearance in MCD but after that the girl party backed out and failed the MCD so I guess I'm looking for advice for someone who has got some experience on this.

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5 Replies

Solomon Raju (Advocate High Court of A.P.) 12 May 2014

Dear Hell Fighter,

See settlement in matrimonial disputes is the most peaceful way of parting ways and it is the best process to save your time, money and energy...But for this it all depends on the Memo of Understanding which will be drafted by both parties advocates.....See, once the MOU has been prepared, read all the terms and seek expert's advise on how to go ahead...Without MOU, we can't guide you properly...First, let MOU be prepared.... But remember with this settlement 125 / DV / 498a/ 406 / 506 all cases comes to an end...

First both of you write your terms of MOU and file a Mutual Consent Divorce petition in your Jurisdictional Court along with MOU and later file a copy of the said MCD in the JFCM court stating that both of you have compromised and she would like to withdraw on account of MCD and You shall file a quash petition before High Court to quash 498A and DV cases...

Biswanath Roy (Advocate) 12 May 2014

Terms contained in the Memorandum of settllement can speak whether or not wife can re-agitate her grievances in future. So the terms of settlement should have to be drafted by an expert with profound knowledge of case laws and tacts of drafting.

Mahesh R. Sonawane (Lawyer/Fight for justice) 12 May 2014

Get advice from local lawyer, by giving him details of your case... better to quash the proceedings by settlement before the High court...

Hell Fighter (Member) 12 May 2014

Thank you everyone! Is is it necessary to go for quashing in 498a/406/506 cases when the process is still with CAW cell (FIR not yet recommended by the police)?

T. Kalaiselvan, Advocate (Advocate) 12 May 2014

If the matter is pending at CAW cell at preparation of FIR stage then, on an agreement, the complaint can be withdrawn by her from CAW Cell itself based on the compromise agreement , thus it would save the time, money and energy to approach high court for quash or to appear before the concerned court with a discharge petition and so on. Prepare a well drafted MOU as rightly advised by my learned friends above, agree to the conditions of payment after the second motion of the MCD to be filled, get the MOU signed, file the joint petition for MCD and proceed as envisaged.