Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Anonymous   06 March 2018

Need help to review compromise letter points for divorce

My wife putted maintenace case on me to give fixed amount of 15k per month after that they got agree for compromise with 12.5 lkhs to handover in 3 slots. As per them first slot they will get 3 lkhs through demand draft and will take maintenance case back, at the same time they are demanding to give rest of the amount cheque to keep as security for them. The cheque will be kept by their lawyer. Is thr something i can put in my favour to protect myself. Pleae suggest. Thanks in advance!!

  1. That party of 1st part has paid Rs. 3,00,000/- (Two Lac) by Demand Draft in favor of party of 2nd part at the time of signing of this Compromise Deed. One cheque bearing no. ___________ dated__________ amount of Rs. 9,50,000/- has also been given in favor of party of second part. It is voluntarily and mutually agreed between both the parties that both the parties shall file the Divorce Petition U/s 13-B of HMA on 28-12-18 after completing the statutory period of one year of living separately from each other. Second party shall returned the cheque to the first party as per compromise on date of dissolution of marriage by appropriate court of law. It is also agreed that party of 1st part shall pay Rs. 6,00,000/- (Four Lac) to the party of 2nd part at the time of first motion of Divorce petition u/s 13-B of HMA and remaining payment i.e. Rs. 3,50,000/- (Three Lac Fifty Thousand) shall be paid on the second motion of Divorce Petition.
  2. That in case party of first part fails to turn up at Ambala for filing of Petition of 13-B of HMA or in event that first party fails to make First or Second motion statement in petition u/s 13-B of HMA Ambala, the second party shall have right to present the same cheque for encashment for whole amount and First party shall moreover be vulnerable for criminal and civil litigation, the second party shall have all the rights to re-agitate all her claims and this present compromise will not be read as condonation of any offence or matrimonial offence.
  3. That in case second party deviate from any terms of this compromise then first party shall have right to recover the amount already paid to the second party and moreover the second party shall also be liable for criminal and civil litigation.


Learning

 5 Replies

Anonymous   06 March 2018

If i stop the cheque given to them. Will it be an offence from court or law, that is just to protect me from money loss. Though i will give the amount in chunks a per the deal.
Anyways formally they shouldn't debit the cheque. because they will get the amount through demand draft. So i thought to stop the cheque through bank. Please suggest. Thank you!!

Ambanshu Sahni   06 March 2018

I would need to know the background of the litigation before i can answer with complete surety, I would suggest a short call. I can be reached at 7291090489.

Warmly

Ambanshu Sahni

Arvind Singh Chauhan (advocate)     06 March 2018

In which provision maintenance case is filed ? 125 or in DV Act.

Is this compromise is being filed in court or not as out of court compromise has no value in the eye od law.

If this compromise is being filed in court in 125 proceeding, add one clause also keeping the provision of 125 (4), as living seperately with mutual cosent.

Stop payment may be fatal for you. 

Before or after full payment she can't misuse the cheque if reference of  cheque is given in this compromise.

Kumar Doab (FIN)     06 March 2018

You are married for how many months and years?

Are you staying separate for 12 or 18 months?

What exactly is the reason and need for an agreement that is to come into effect after 1year?

You have thought of IT on yourown or someone has advised you? If yes and if yu may wish you may post who has advised you?

Kumar Doab (FIN)     06 March 2018

Rest any agreement can be drawn between parties with any T&C acceptable to both…….

For MCD IT is not mandatory to pay in advance and to handover security cheques………

The spouse that is not satisfied can move out of MCD agreement …..

IT is entirely your personal decision….to enter into agreement with any T&C that is mutually acceptable..

What is the opinion of your own very able senior LOCAL counsel of unshakable repute and integrity specializing in Family matters , having successful track record ….and worth his/her salt…


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