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Murali (Tech Lead)     07 August 2012

Is it true ?- in

(I) Case Summary

 

  Filed by  Case Section Status
1 wife Maintenance Case  CrPc-125 default it is dismissed after her 3 continuous absent
2 Husband Restitution of Conjugal Rights  S-9 of HM Act 2.5 years has gone.
3 wife Dowry Harassment case IPC-498a, 406, 506(ii),  DPA-4&6 I was remanded. Charge sheeted. 2 yrs gone. Not even a single witness enquiry happened in this false 498a case.
4 Husband Took her Bank statement using her old signed paper IPC - 468 & 471 statement shows her earnings.  I got A.Bail
5 wife She given  a Police complaint Saying “her signature is forged”   So far no CSR/FIR is raised by police station. 1 year has gone.
Complaint is not even registered
6 wife Domestic Violence   Waiting for High court order
7 Husband Quash for Domestic violence   Waiting for High court order
8 wife Divorce Case S-13(ia) HM Act Counseling stage 

 

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(II) DEED OF COMPROMISE

DEED OF DIVORCE

                                                                                 DEED OF COMPROMISE

Blab... blab.. about marriage & case history…..

 

NOW THIS DEED OF COMPROMISE WITENESSETH AS FOLLOWS:

 

Amount

          1]        Husband agreed to pay Rs.4,00,000/- [Rupees Four Lakh Only] towards full and final settlement of Permanent Alimony to Wife and Wife also agreed to receive the same as Permanent Alimony. The Permanent alimony shall be paid by Husband on the date of closing of the Dowry Harassment case(IPC 498a).

 

2]       This Permanent Alimony shall be paid in the shape of Demand Draft in favor of Wife (xxxx). After receiving the DD, she shall acknowledge the receipt of the same.

 

          3]       Wife declares and agrees that she shall not claim any maintenance from Husband. Wife hereby acquits Husband from any future payments towards maintenance or alimony.

 

Properties claim

          4]       Wife declares and agrees that she shall not claim any share in the movable or immovable properties of Husband. Wife declares and agrees that she shall not claim any share from the salary or perks or benefits or any terminal benefits of Husband.

 

Cases Withdraw

          5]       Wife agrees to withdraw the Criminal Miscellaneous Petition (Domestic Violence case) pending before the Judicial Magistrate, which is coming for hearing on xx.yy.2012.

 

          6]       Wife agrees that since the Dowry Harassment Case (IPC 498a) pending before the Chief Metropolitan Magistrate, Egmore is of non compoundable one, she shall cooperate with Husband to get the case either withdrawn or closed or quashed or compounded with the permission of the Court.

 

          7]       Husband declares and agrees that he shall withdraw the Petition for Restitution of Conjugal Rights pending before the Family Court, Chennai, which is coming for hearing on xx.yy.2012.

 

          8]       Husband declares and agrees that he shall file a Memo for Submission of Decree in the Petition for Divorce filed by Wife and cooperate to get the Original Petition for Divorce decreed as prayed for, which is coming for hearing on xx.yy.2012.

 

          9]       Wife further declares and agrees that under any circumstances, she shall not take steps to restore and reopen the Maintenance Case in M.C.No.xyz of 2010, which was dismissed for default by the II Additional Family Court on xx.yy.2011 and declares that she shall not file any fresh Maintenance Case against Husband.

 

10]     Wife further declares and agrees that she shall not proceed further with the Criminal Complaint (for alleged  forgery ) given by her against Husband  before the Police Station, xyz station, which was not at all registered by the Police.

 

Further new cases  

          11]     Wife further declares and agrees that she shall not file any criminal cases or submit any fresh complaint not only against Husband but also against his brother and sisters.

 

Things exchange by MoU

12]     The Parties to this Deed of Compromise agree and declare that they shall enter into another Memorandum of Understanding, under which they shall exchange the Gold Jewellery and Sridhana Articles at the time of conclusion of the petition for divorce.

         

Others

13]     Wife has no issues through the Husband on the date of separation.

14]     The consent has not been given by either party by fear, force, fraud, coercion or undue influence.

            IN WITNESSES WHEREOF, Husband and Wife have executed this Deed of Compromise and signed the same at Chennai on this 21st day of July 2012.

 

 

WITNESSES:                                                      PARTY OF THE FIRST PART

1.

2.                                                                    PARTY OF THE SECOND PART

 

//////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////

 

(III) Argument

             Based on the forum’s “Sample Divorce deed” myself  & my advocate prepared the deed of compromise like above.

             But @ the time of signing… Opposite advocate  & My advocate says  points 4 & 11 (marked in red color) are NOT legally valid points. This must be removed.

I didn't accept it. The agreement is not yet signed.

 

Advocate’s  Justification is:

è   Our human body is belongs to “Govt of India” So that no one cann’t  insist/order others  as “not to file any case”. i.e. Police only have rights to file any new cases. Hence points  11   is legally not valid.

è  Once we put “permanent alimony”.  by default  she has no rights to claim from my properties in future. So that point 4 should not come.

I told them that I will discuss with my godfather(i.e. this forum)then I will come back.  

 

 

    (IV) Need Clarifications    

Clarification -1 : - as per advocates, points 4 & 11 is NOT legally valid. is it true sir ?

 

Clarification -2 : - If I accept to remove these two point. Legally will it cause any problem  in future ? Because here Wife is a Law Graduate/ Husband is an Engineer.

 

Clarification -3 : I do not have any ancestral property. She only ask divorce, I am ready to give. Say after ten years, is it possible to her, to claim shares from the  properties purchased in my earning.

 

   Legal experts can u please pass your comments about point 4 & 11  

 

 Thanks in advance
-Murali



Learning

 1 Replies

Dharmender (None)     09 August 2012

Point 11 is very important. Don't remove it. If you remove it she can file case again or threaten to file for more money.

Point 4. You can merge it with point 1. In point 1 you can add the term "full and final for ever".

"The amount paid to her is full and final for ever and she will not claim anything from husband or his family in future,"


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