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Sufferer   07 July 2016

Need experts opinion - divorce settelement agreement -

Dear experts/well-wishers,

  • I have filed divorce under 13(1)1a)earlier in 2015 against my wife, now my wife agrees for divorce under 13(b), so our advocate has suggested amendment u/s 151 of cpc to be presented tommorow to judge along with settelement agreement.
  • So before presenting in the court, experts kindly suggest if any modifications/additions required in the settlement agreement, to safeguard me and my family.

MEMORANDUM OF SETTLEMENT

This Deed of Memorandum of Settlement is made and executed on this the ____ day of ______ 2016 at Hyderabad.

By

Mr. _____________, S/o. _____________, aged ____ years, Occ : Private Employee, R/o.________________, Hyderabad, which term shall mean and include all his heirs, successors, etc., called the 1st Party.

And

Mrs. __________________, W/o. _______________, D/o._________, aged _____ years, Occ : _____________, R/o. ________________________, which term shall mean and include all her heirs, successors, etc., called the 2nd Party.

1. Whereas the 1st party is the husband of the 2nd party, the marriage took place on 09-11-2013 at ________________ in accordance with the Hindu Customary Rites, the said marriage was an arranged marriage.

2. Though the rituals of marriage were performed the same did not last long, due to several reasons, the marriage was also not consummated, hence there are no issues out of the wedlock.

3. Due to reasons best known to both the parties there was no co-habitation and the differences between both the parties could not be pacified by friends, relatives, parents or elders of both the parties, and both the parties are living separately for more than 20 months from now and there is no chance of conciliation for amicable settlement between the parties, the 1st party husband filed ___________ before the Hon’ble Family Court, Ranga Reddy District, seeking divorce U/s. 13(1)(ia) of the Hindu Marriage Act, 1955, against the 2nd Party Wife and the conciliation efforts before the family counseling centre, Ranga Reddy District Court pursuant to the directions of the Hon’ble Family Court, Ranga Reddy District also failed.

4. As there is no scope of reconciliation and rejoining of both the parties to live under one roof it is mutually agreed by both the parties to seek divorce by mutual consent from the Hon’ble Family Court, Ranga Reddy District, in _______________ U/s. 13(1)(ia)., pending disposal by duly incorporating an amendment to that effect i.e., the alteration of section of law from 13(1)(ia) of the Hindu Marriage Act, 1955 to that of Sec.13-B of the Hindu Marriage Act, 1955, and for grant of divorce by mutual consent and for dissolution of marriage that was held on _________ at __________. Hence the present Memorandum of Settlement between the parties on the following terms and conditions :

a.) Both the parties agree and state that the present Memorandum of Settlement is executed voluntarily with free will and there is no threat or undue influence from either of the parties or third parties.

b.) Both the parties agreed that the marriage that took place between the parties I and II on ________ at ____________________ in accordance with Hindu Customary Rites be dissolved by mutual consent.

c.) Both the parties agree and state that there are no issues out of the wedlock as the marriage was not consummated.

d.) Both the parties agree that the 1st party husband pays a lumpsum of Rs.4,00,000/- (Rupees four lakhs only) to the 2nd party (wife) towards permanent alimony in full and final settlement by way of D.D. No. dated drawn on Bank, in the event of grant of divorce by the Hon’ble Family Court, Ranga Reddy District, or by any other Court wherein _______________ U/s. 13(1)(ia)., that was filed by the 1st party against the 2nd party that being prayed to be treated as FCOP U/s. 13-B of Hindu Marriage Act, for grant of divorce by mutual consent.

e.) The 2nd party hereby acknowledges the receipt of the above lumpsum of Rs.4,00,000/- towards permanent alimony in full and final settlement towards grant of divorce, and also acknowledges the receipt of all her personal belongings including the gold ornaments, silver articles and the 2nd party do hereby admit and declare that there are no claims or dues whatsoever pending from the 1st party and the 2nd party hereby returns ______________to 1st party.

f. Both the parties agrees and states that either of them shall not have any past, present & future claim or claims over the properties or other assets such as salary/pensions if any accrued to the 1st party.

g. Both the parties agree that there shall be no litigations or claims against each other in civil or criminal courts. Hence the present memorandum of settlement and both the parties voluntarily appended their signatures on the day and place as stated above in the presence of the following witnesses.

Witnesses:   1.                                                                                                                      First Party:

 

                   2.                                                                                                                     Second Party: 

                  

                  3.

 

                   4.   



Learning

 3 Replies

Sufferer   07 July 2016

Dear experts,

awainting for your valuble suggestions

kindly suggest me your views/comments on the agreement at the earliest on priority, as i need to confirm my advocate by today evening.

Sandhya Srinivas (Advocate & Legal consultant)     07 July 2016

There is no need to file Mutual consent petition - Sec.13 B as you have already filed Divorce Petition Under Sec- 13 (1) (ia) in 2015. Speak to your Advocate that in the Divorce petition itself by showing your wife consent for divorce through her version or through conciliation or mediation, same settlement deed can be submitted before court. It is a matter of one day appearence in court when both of you are agreed for Divorce and the court will pass Decree dissolving ur marriage by way of Divorce.

If you file 13 B then you have to wait for 6 months and two more months for disposal of your case.Minimum 8 months to get divorce. Otherwise you have to file application for waive off the cooling period of 6 months.

So speak to your advocate and get divorce immediately by implementing above said options in 13 (1) (ia) petition itself.

Regarding Settlement draft, it is fine. If you are filing in your present petition by implementing the said options. Then mention of 13B is not required.

All the best. 

 

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     08 July 2016

Even if the wife agrees to opt for mutual consent on the first date,the cprocess of going for a mutual consent divorce cannot be by passed. Therefore it is necessary to go through the said period of 6 months unless waived off in an exceptional circumstance. A separate settlement deed however shall not be required and mentioning the terms mentioned above in the petition itself shall suffice. You may prepare the settlement deed purely optionally.


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