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Praveen Kumar (Not working)     27 May 2011

Can a partner backtrack on divorce settlement

My wife had filed 125 CrPC and it was pending. I had also filed divorce petition in a different court. On last hearing in 125 CrPC, the judge got a settlement done on 7 lacs. I have to give 7 lacs FD for daughter that she can use on attaining majority. the same was typed and signed by both parties in front of judge. The 1st motion to be filed in 1st week of july. They were asking for 11 lacs but judge almost hurried up things on 7 lacs and they could not do much. Now I have to withdraw my divorce petition from the other court before the 1st motion.

I fear that she may backtrack. can she do so?



Learning

 13 Replies


(Guest)

If she backs off from an agreement made in front of the court, you can use "contempt of court proceedings" against her.

Tajobsindia (Senior Partner )     27 May 2011

@ Author

1.
You wrote fine but what about her withdrawing S. 125 CrPC? second what about the stage when this 7 L F/D to be given is it at 1st. motion or at the time of preparing Decree?


2. It is a simple procedure called "converting divorce petition into that of MCD under O 6 R 16 R/w S. 151 CPC. Mention the Compromise Agreement reached at S. 125 CrPC as reference.


3.
Get her and your Statements recorded according as per terms of Agreement reached at S. 125 CrPC.


Praveen Kumar (Not working)     27 May 2011

in 125 CrPC the settlement agreement has been attached and case is closed by judge

I have to give 2 lacs FD on 1st motion

125 CrPC and my divorce petition is in different court. I have to withdraw my divorce petition and will file mutual divorce in the same court as of the 125 CrPC

I have a feeling that they may backtrack as they were expecting 11 lacs

adv. rajeev ( rajoo ) (practicing advocate)     28 May 2011

When matter is settled let her give a consent for divorce, file a compromise petiton.

Praveen Kumar (Not working)     28 May 2011

is there any legal  possibility that she may back track?

hema (law officer)     28 May 2011

yes, sir. she can backtrack.  by the language of your posting, it appears she is forced to agree for Rs,7.00 lakhs as FD for minor daughter and the judge hurried it.  she can go back to her home and think cooly and have a discussion with her near ones and the advocate and may come to a different conclusion that the settlement is not in her and child's best interest. If so, she can move an application to withdraw her consent as she has not received any monetary benefit from you, her application will be allowed and case can be reopened.

the problem with the judges is that in the case of judgment after full fledged trial, they get 7 points.  if the compromise is reached between the parties, during the pendency of the trial, they get 3 points.  without much effort, they get more points and for that they indirectly force the parties to go for compromise.  whereas all the matrimonial laws put an obligation on the courts  to strive hard to restore the matrimonial life between the warring parties, the judges force such things described above, to get more points in shorter period.  it is travesty of justice. 

1 Like

hema (law officer)     28 May 2011

They were asking for 11 lacs but judge almost hurried up things on 7 lacs and they could not do much.

there does not lie contempt of court against the wife; but a complaint lies against the judge by the wife through her advocate.


(Guest)

When a person breaches on his own agreement before the court, I think contempt of court applies!

Praveen Kumar (Not working)     28 May 2011

Hi hema,

 

but she has signed that this has not been forced on her that sort of agreement. infact i also have signed. judge told her that she should look into doing reconcilation

Saurendra Rautray (advocate)     29 May 2011

Hi,

                 I seriously dont think you should worry about it so much. First of all when she has reached or has agreed to setlle the same at 7 lakhs irrespective of what. Yes she can go back and tell the court that she is not agreeing for setllement for any reasons. But that can be done before she gets money from you.

The money has to be given to her that too 2 laks on filing of the first motion. So there fore the filing of mutual divorce has to be signed by both the parties.

I would suggest you that you should give the 2 lakh after on the same moment after filing of the mutual divorce application. Your advocate should show hers advocate that he has the money and the same will be handed over after they file it in the court. Make sure that the filing  has to be done by her advocate and not yours. Please mention that all pending cases has to be withdrawn which has been filed by either of the parties in any court. Once the filing is done please collect a certified copy of the same which can be filed by you in other courts where she has filed cases against you and you can show that stellement has be done between the parties and as per that setllemet no issues are left and hence the case has to be dropped.

Well these pending cases try and withdraw it before the seciond motion whose period is for 6 months.

But remember once mutual application is filed by both the parties and either of the parties bact track for any reason.. it shall not have that seriousness and the court may not take those offences against you harshly as it may had taken if there was no mutual divorce application. what i mean is that court shall take lenient view and be sure that incase she files any further new cases against you in future it shall not have that force or effect . One can show the intention of the lady is to harass you in ordeer to extract more money from you.

 

Please do understand that these are legal opinion that any lawyer can give you. But you are the person who can best judge your position and her position. I think you have a kid out of the marriage and if you can afford to give 11 lakhs whatr she demanded and you are capable of giving her even if she has been bad to you. Just think of your own child and forget the ego and think humanly. I think you can judge it well.

All the best

Saurendra Rautray 

Praveen Kumar (Not working)     29 May 2011

Hi Saurendra,

I have no issues giving anything to my daughter but not under legal blanket. Plus i just have visitation rights, i need money so that i can spend on her when i meet her.

My mother is having cancer in her last stage but I am under financial pressure. What happens if I am not in a financial position to give 5 lacs on 2nd motion

pujols20 (Techie)     29 May 2011

Praveen,

Please join SIFF meeting immediately at your location. Looking at your current situation, your mother condition, I think your wife and inlaws are trying to exploit the womens laws to the fullest extent.

Is she working ? If so, then you dont have to pay any money.

Your mother is in last stage of a deadly disease. You can certainly quote these points in your 125 reply and fight for not paying any maintenance. Pls talk to some Siff person in your area.

1 Like

Saurendra Rautray (advocate)     29 May 2011

Hi,

             Praveen,

                                        You are already in a legal battle with your wife. So now what ever has to be done will be in the court , other wise this matter could have been solved mutually between you and you could have just filed for mutual divorce. But since either of the party is not have faith and hence the reason you both are in court. If the court has asked you to pay 7 lakhs and 5 laks on the second motion and you failed to deposit thej same on time, then the court may reject the compromise application on that day itself if your wife objects to it. Any breach of compromise will have the result of compromise failing and in that process you will loose that 2 lakhs as well. There may be chances where the court can give you some time or may allow you to pay in installment as they cout deem fit. If the court has recorded that in the last hearing that both party shall file compromise petition and the amount is Rs 7 Lakhs and either of the aprty says no later on, then it shall have adverse effect on that party later on.

You surely can get visit permission and that should not be a problem. if you already have consented to compromise which has been recorded by the court and later on you say that you cannot pay then it might change the mood of the court aganist you.

Please remember that it is not always about law or the provision laid dowm. Its about situation in a case and how the court is going to see it from its angel etc all these external forces has effect on a case. So please take good adsvice from a competent lawyer.

Thanks

Saurendra Rautray


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