Tanmay (Engineer) 25 February 2013

Divorce after 498a and dv

Hello all,

My wife has filed 498a and DV on our family. We approached them for settlement after fighting these cases for one year. They are asking for a property which is jointly by me and my wife. I am ready
to give the site. I am ready to give the site. But how do I make the process fool proof and ensure that I am safe.

I am planning to follow the below mentioned process. Not sure if it is good enough. After 498a and DV it becomes
difficult to trust them for anything.

1. Planning to tell them to apply for divorce. I understand that will be simpler compared to me applying for divorce. Even if they go back on their words it is fine for me. Otherwise I have to
provide justification for why I have applied for divorce. I am not interested in MCD as they may go back on their words.

2. Once divorce is applied, it will be referred to mediation centre and then the terms and conditions will be decided there. In that I am planning to tell them to withdraw the cases before going for divorce hearing.

3. I am planning to give the rights on the property as part of divorce decree. For that what is the simplest way to do.
I am planning to get the khata transfer done. If I do that before divorce is it a good idea. I will never go back on
my words, but will they is the question. So I want to be safe.

Are there any specific clauses that I need to include as part of the agreement or terms and conditions of divorce.

Please do provide guidance on the same.

Regards,
Tanmay

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1 Replies

Saurabh..V (Law Consultant) 25 February 2013

@Author

It is good that you could find a term on which your in-laws have agreed to settle. Congrats! You have saved yourself and your family from a long agony of courts which in my view are generally futile for seekers of justice.

Coming back to your query. You have to apply for Mutual Consent Divorce under Hindu Marriage Act if you married as per Hindu rituals (I presume you did). Once you and your wife applies for such divorce, the judge would send your case to mediation and would give a next date of 6months. Once sent to mediation, you can make a mutual agreement deed and get is signed by the mediator and set-out EACH & EVERY term that you and your spouse would like. This deed would include that you are parting with your subject property and giving it as permanent alimony which shall be treated as full & final settlement between you and your spouse and that after this deed she shall not claim any maintenance, claim on any other property etc. For the correct and accurate text to be included in the deed, please consult a good family lawyer and prepare the papers yourself. I'm sure your wife who has agreed to settle based on that property would agree readily.

Once your deed is made as your require, you may go back to the court after 6months jointly and get the divorce as per the terms set-out in the mediation deed.

All the best!

//peace

/Saurabh..V

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