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(Guest)

Settlement signed under duress in High Court

I 'm a victim of mental cruelty,desertion since more than 3 yrs.Filed DV Act during Feb. 2009 against hubby & mother inlaw.

reached a settlement in high court mediation cell not according to my needs.My hubby is giving v.less lumpsum alimony even though he earns in lakhs monthly.He's posted abroad.I agreed to this settlement since my lawyer was not supporting me during mediation.so i have changed my lawyer now.

1. can i tell the court that i am dissatisfied with this settlement as my lawyer dint support me so much and most of my streedhan is lying with inlaws which they have not agreed to return but only returning v.few articles according to this settlement?

2. acc. to this settlement i have no further claims and demands from the other party.the dv act will be dismissed after divorce.
so can i say that i want to pursue DV Act proceedings to get my entire streedhan back+compensation for harassment+lumpsum alimony according to his salary.

my hubby earns 3.5 lakhs monthly.he is the only child,no siblings.if i want a lumpsum alimony from him,how much will the court give in DV act,acc. to his salary.


both the mediator and advocate of the other party kept saying if i don't agree i will have to undergo litigation of several yrs.does DV Act really go on for several yrs. if hubby is posted abroad?

this mediation was referred to as  FIL applied for bail on whom there were no cases.so sessions judge referred matter to mediation in high court mediation cell, keeping his bail conditional that i will get all my streedhan bak.

mediator had too much sympathy for FIL owing to his old age,on whom i never filed any case.he tried to grab her attention by touching her feet,crying etc.

so settlement was hurried upon just for his sake and i was forced to sign to accept the ltd. streedhan i m getting .my lawyer dint support me at all during mediation.my hubby unaware of this mediation going on sent me divorce notices from his hometown

while i was dissatisfied,FIL got a bail and MIL also got it when their lawyer came to know that the case is against her actually.so no condition was put on her at all and she easily got the bail.

my lawyer dint appear to put the condition that i shd first verify that all my streedhan is in gud condition and then both of them will get bail.
DV Case was kept pending all the while.

i changed my lawyer to pursue the DV case since i was given partiality.now the mediator and her colleagues try to influence the DV Case judge's mind so that my DV case doesnt proceed....becoz i signed the settlement.even tho it was under duress.and aslo since my hubby was unaware of it as he sent me divorce notices.we got a stay order on his divorce case

my new lawyer raised the point that it was enetered b/w me and my FL althogh my husband shud have been present.....but for 3 months,the dv case judge passes orders to return all my streedhann but wen lawyers from high court try to change her mind,she changes the orders....

my lawyer stated that my streedhan is my property and they cant make it part of settlement and hold it ransom,but to no avail.

what shud be dun? i want my rights as per DV act...plz suggest wot can be dun in all the abv. situations?


Learning

 8 Replies

Anil Agrawal (Retired)     20 February 2010

"I agreed to this settlement since my lawyer was not supporting me during mediation.so i have changed my lawyer now."

You should have immediately complained to the High Court. How will you prove that it was done under duress in the presence of the mediator? 

Alok Motan (Advocate)     21 February 2010

mediation settlement is not binding upon any of the parties ...............statements given in mediation centre can any time be revoked in court, where the case would be referred back... 

In India, however, mediation does not have any statutory recognition and existence and, therefore, would not be bound and restricted to any rules and statutory restrictions and limitations,

Hardik Mehta (Family Counsellor)     21 February 2010

PGR,

I would suggest you not to pursue the case further as this will effect the physical as well as mental health of yours.  Take what ever is given and move on in life. Also, he is showing the earnings of abroad, and there is also the expenditure he is going to incurr. His expenses would also in line with his earnings and the savings would be less. So, the actual facts are to be considered before deciding the alimony. The court also sees this aspect and considers the Purchasing Power Parity of the country with India


(Guest)

to all the lawyers here


an interesting thing in this thread is that the settlement is signed b/w her and her father inlaw.....shud it not have been signed b/w husband and wife?


thru this settlement mutual divorce was decided and also alimony,streedhan etc.so how can an inlaw sign it with his daughter inlaw?


on a lighter note,seems the victime is married to her father inlaw;not her husband..can the court recognize such a settlement?


(Guest)

I came across this thread again...can any legal expert answer my question that i asked above?

498avictim (analyst)     17 July 2010

this lady seems like greedy about money and nothing else and married a poor guy keeping an eye on his money.

.this is again a case of utter misuse of DV and 498a.

these kind of women just marry for the sake of money , and thats why seems her lawyer not supporting her naymore.


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