eswar kumar (des) 17 September 2016

Divorce -relinquishment deed - please help

Hi,
I have applied for divorce one year ago and my wife contesting it.
Now She is also interested to give divorce and admitted in front of Megistrate.

Judge gave 2 options
1. Withdraw current contesting divorce petition and file 13(b) mututal consent divorce petition with settlement matters( X lacs to wife and X lacs to childrens and also my father's plot to Childrens) but it takes 6 months time since it is mutual conset divorce.

2.Judge will give divorce decree as contest allowed(wife wil be hostile). This will take only one month time. in this my lawyer said that there is no petition/memo to submit to court stating all settlement matters.But lawyer asked me to do "Relinquishment deed with registration" with my wife which specifies all settlement matters( X lacs to wife and X lacs to childrens and also my father's plot to Childrens) with registrations.

I am totally confusion. I need divorce as soon as possible otherwise my wife mind will be changed and problems again in future.

1. Which is best option( option 1 or option 2)?

2. Can Reliquinsh deed made on liquid cash?

3. If I choose second option (Contested with Relinquish deed), can wife entitle/ submit maintenace petition in future also?

4.in second option, divorce granted as contested. in worst case, can Wife go session/high court for appeal?

5. How can I safe guard my settlements?

Thank you.

Reply Follow

8 Replies

eswar kumar (des) 17 September 2016

Hi Martin Sujay, thank you for your answer. Is Relinquishment deed good option?. I understand that it is only for immovable property. Can it be made on liquid cash?.I lost trust on my lawyer. What is the way to pay permanent alimony to wife in case of consted divorce(option 2 is contested divorce)? Please explain.

eswar kumar (des) 18 September 2016

My question is related to "Relinquishment deed", any body has idea on this? If I do this, Can wife file maintenace in future?

If I choose option 1, through MCD I can safeguard my settlement amount and plot but it takes 6 months to get divorce.

If I choose option2, Divorce will be granted in a month but it looks like there is no safegurad of my settlement amount and plot.

Experts, Please advice

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com) 18 September 2016

You are thinking DIVORCE contested will be granted in one month, it is not easy.

MCD is best option, how the other side will agree for any other deed not easy.

Even after final settlement the maintenance is life long liability till she gets married.

1 Like

whatnot 18 September 2016

Each divorce case is unique. But one thing is certain. The one who has better leverage will win in the end. Even if it takes time....

If for some reason, wife is coming forward it is time to beat the iron, when it is hot.

All intrest coming from the respondent should be treated with grain of salt.

Offer them to state whatever they want. Let it record. Then you take next step. It is never advised to take a step back once procedure is started.

People have fighted for much less.

eswar kumar (des) 18 September 2016

Experts,

Can I get the complete court order of :

https://www.pathlegal.in/Man-cannot-deny-maintenance-to-ex-wife--blog-1143

the order has "The court said there is no question of relinquishment of right to claim maintenance as such a clause cannot be enforced in a court of law". which is very useful to me.

Kumar Doab (FIN) 18 September 2016

Don't pay or relinquish in advance.

P. Venu (Advocate) 18 September 2016

The facts stated appears to be less than real; it is impossible that the court could have, on record, made the suggestion of options as stated. Please verify the Order Sheet.

sai narayana 19 September 2016

By an amendment the present petition can be converted into 13(B) without the requirement of 6 months waiting period. The judge may have told this in 2nd option.