Compromise - withdrawing cases and exparte divorce


Dear All,

Brife facts of my case:

(i) marriage held on 20th May, 2009, we started living alone at my workplace Pune. wife never stayed with any of my family members. She spent with my parents & other relatvies at matrimonial home only until one week due to traditional ceremonies followed after the marraige.

(ii) due to incompatibility & differences, wife left my company during last week of July 2010

(iii) i have sent two legal notices to my wife on 11th November, 2010

(iii) In retaliation to my legal notices, (a) wife filed u/s 498a IPC, 3 & 4 DPA againist my seven family members on 18th November, 2010 (b) DVC on 19th November, 2010

(iv) In 498a case there no progress after charge sheet filed by police. charges are not framed.

(v) In DVC case, i gave detailed counter for her petition, then her cheif & cross-ex is over. my adovacte confronted with lot of material proofs during cross-examination of my wife, she said those are not her documents. ( her employment details, my legal notices & RTI reply from post office, her bank account statement having FDs)

(vi) then i filed perjury aganist my wife with all documents in DVC case on 25th March, 2013

(vii) now they have asked for comprmise & divorce with 4.5 lakhs as full & final settlement, which my father agreed to pay.


Now my lawyer is suggesting to:

(i) compromise deed between you & your wife saying all details, then she will withdraw all the cases:-

my question: Whether out-of-court settlement on Rs.100 bond paper with notorised compromise deed will have any sanctity before the court of law?

(ii) divorce will be filed by wife on desertion ground, husband will give no objection/ or allow to ex-parte:-

my question: Is this the correct way as most of experts suggest to file mutual divorce if there is a compromise, my advocate is saying that is time taking process. Also my advocates suggests that if divorce is filed by my wife, there is no problem for me in future. Is this correct?


Please guide me.

 
Reply   
 
Lawyer

You should file divorce u/s 13B of HMA it will take only six months if both the parties are agree and you should take her statement as an compromise/affidavit to withdraw all the cases, in court in that 13b matter, not an out of court settlement and permanent alimony shall be written in her statement.

As per my view you should firstly get all the criminal cases withdrawn by her by stating compromise between the parties, 498a shall take time to compromise but it will very important for you to get rid off it. If you will take divorce then she may make it a hassle to you. because its a non compoundable section and compromise is not allowed. Take care of all these, dont hurry for divorce, firstly settle all the criminal cases, then go for divorce u/s 13 b it will take six months only.

 
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Hello Sri,

 

I am in similar situation like yours , I agree with the reply of Ashok Yadav,

Could you let me know under which sections did you file perjury and since i am a nri  can a POA file perjury on my behalf ?

Also after her cross , which i believe she was not able to prove her allegations , did you appear for your cross ?

Could you not file for dismissal or discharge after her cross is over ?

 
Reply   
 
Legal Evangelist - TRIPAKSHA

 

Nothing left to be added.

 

Regards,


Shonee Kapoor

www.facebook.com/shoneekapoor 
Handphone: +91-8010850498
Email: harassed.by.498a@gmail.com

Yahoogroups: http://groups.yahoo.com/group/sahodar 

If you don't fight for what you want, don't cry for what you LOST.
 
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www.Mehnat.IN

Don't do out of court settlement.


Narcissistic Wives

 
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