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apoorindian (System Admin)     08 April 2010

Compromise deed and Mutual Divorce Petition in Mutual Divorc

Hello Friends,

You might be rembering my earlier posts.I am working out a compromise in my 498a case.

Compromise deed has been signed.

In compromise deed girl relinquishes her right to maintenance or any claim in any forum and if she claims for maintenance it will be treated as Null and void.

Also she accepts that we have never asked for dowry and that whatever gold items etc that she had left at her matrimonial home has been returned and boys gifted gold items have been returned by her. Along with it there also signed receipt from both sides.

She also states that she will take all necessary steps to close, withdraw the cases filed by her.

One point incorporated by my Lawyer stating that she left on her own accord has not been accepted by girls side.

Coming to Mutual Divorce petition it is mentioned that her Name , Occupation house wive and religion Hindu. Boys Occupation Service . In Mutual Divorce petition both sides state that they have no cliams or grievances against each other and that the girl will not claim for maintenance.

 

I just want to ask you if everything has been drafted properly. Is there any specification required in Mutual Divorce Petition that calls for stating the occupation of Boy and girls.

The truth is I trust my lawyer. But I am scared to nuts about maintenance claims in near or distant future.

Thanks and best regards

A Poor Indian Male.



Learning

 8 Replies

Minal (Assistant Lawyer)     11 April 2010

once you get divorce by mutual consent then there are less possiblity to get maintainance because all the terms and consent are already mentioned in mutual consent draft.so occupation mentioned will not affect divorce

Devajyoti Barman (Advocate)     11 April 2010

What is the occupation of your wife? If she is indeed a housewife then she is correctly described . The drafting also seems to be in right order. For your knowledge it may be stated that the right of maintenance by the wife can not be waived by some mere agreement like that of in your case.

apoorindian (System Admin)     12 April 2010

Thank you SIr for your reply.But Mutual Petition application is something which has been submitted and accepted by court..still it wont be tenable??

I am a diploma in Hotel Management. Wife is BCOM, MCOM and MBA...What are my chances of my winning a maintenance case on the basis that wife is more over qualified than me..even if she is not working??

Thanks and best regards

A Poor Indian Male

Dharmesh Manjeshwar (Advocate/Lawyer)     12 April 2010

Go ahead with ur divorce by mutual consent .... nothing to worry if she has staed in the consent terms before Family court that she has relinquished her rights to maintenance out of her own free will and consent.

Unless she does a turn around by stating that her consent was obtained by fraud or she was mislead ..

but chances of her doing so are minimal for she'd have to prove that ... as consent terms were drawn and filed before the Court ... so be assured ....

valentine (Advocate)     25 April 2010

Dear Apoorindian,

Any agreement against maintenance allowance is in violation of public policy. Maintenance allowance is a legal right of the spouse and cannot be taken away by any instrument. It will be up to your wife to contest maitenance allowance in the future.

Siv (engineer)     22 July 2011

Well said by Valentine .... now request Valentine to advice the victims about the way to close the wife doors for not fling the maintenance in future.

Shall we force wife  to admit by saying that wife is edcated, working, not interested in married life and forced by her parents to marry this husband etc....

Lalit (Advocate)     08 August 2011

I think your work must have been over by now. but, if you are still waiting for the second motion of your divorce to be done with then I wish to update you that the documents should specify the amount which you may be paying as inclusive and in lieu of pat, present and future alimony and maintenance. This will serve your purpose.

I am sure that your lawyer must have mentioned this in your petition.

Moreover, let this also be recorded in her statement.

Siv (engineer)     08 August 2011

Dear Lalit,

 

As per the compromise the wife side said that wife is working and is earning Rs.25,000/- per month and wife has property of worth Rs.50,00,000/- while husband has nothing. But her lawyer refused to mention these facts and simply said that wife maintenance matters are settled. Wife side do not want to put all the details of setllement considering that wife supressed the facts of her job and her property and got the interim maintenace order from court.

 

For your kind information during the second motion wife came to the divorce without withdrawing the 498A case and I refused to proceed in Divorce(Mutual).

 

I asked the Family Judge that if wife comply with all compromise conditions then this Mutual Divorce may be proceeded else Mutual Divorce may be dismissed on the ground that the wife did not comply with the conditions.

 

Then wife side filed a memo saying that husband did not pay interim maintenance (in CrPC-125 petition) hence warrant may be issued then judge said that after filing the MCD what is the need of this warrent.... asked to think and come for next hearing on 17th of this month.

 

I am planning to file perjury on the gorund that wife supressing the facts of compromise in which wife agreed to withdraw the CrPC-125 unconditionally and also agreed not to file any civil or criminal cases in future., and wife lied about her job and earnings and misleading this court etc...

 

Kindly advice me the way to stop these cases peacefully...


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