• CrPC 125 final settlement

My ex wife has filed crpc125 have 2 children 14 and 16 yrs. session appeal is pending she is willing for settlement for full and whole of life. In Punjab what and how should the proceedings be for this. Also I would like to know the wording to go in the courts affidavit so she and the children can never get financial help maintenance from me again. Need strong agreement which can never be broken regarding any circumstances as have heard other ladies who come back for maintenance even after taking settlement. Please need the words to put in the affidavit Thanks
Asked 2 years ago in Family Law
Religion: Hindu

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19 Answers

Hello,

The case will be compromised on the basis of the Settelment deed. The said deed will then form a part of decree.

The deed will be finalized by a lawyer wherein all the required clause as per the settlement will be jotted down.

You will have to get in touch with a lawyer who may help you in drafting the same.

Regards

Anilesh Tewari
Advocate, New Delhi
17841 Answers
312 Consultations

5.0 on 5.0

It should be mentioned that X amount has been accepted by wife in full and final settlement of claim

2) however please note that in event of changed circumstances wife can claim maintenance fir herself and children

Ajay Sethi
Advocate, Mumbai
78785 Answers
4735 Consultations

5.0 on 5.0

Dear Client,

Every such settlement executes on facts which are different from case to case.

Nomenclature - Full and final settlement should be include in agreement and all cases shall be withdrawn,

Payment through post dated cheque, Settlement shall be record in writing attested by independent witness, and copy of same shale be submit in court.

Court order shall be , parties settled their dispute by mutual discussion and once for all one time alimony, no further demands. etc.

Yogendra Singh Rajawat
Advocate, Jaipur
21317 Answers
31 Consultations

4.4 on 5.0

You can take the help of my office.

Jai Bansal
Advocate, New Delhi
198 Answers

5.0 on 5.0

1. file consent terms

2. court will pass a consent order/decree based on the consent terms

3. the court order/decree will be binding on the parties

4. if the party breaches the court order/decree, then the party will invite contempt proceedings against him/her

5. so whatever is agreed between you and your wife, including that wife will not claim any maintenance from you in future, should be recorded in the consent terms

Yusuf Rampurawala
Advocate, Mumbai
5684 Answers
35 Consultations

5.0 on 5.0

Hello

If you are already divorced then she cannot file a 125 application for maintenance. You must be living separately. If a divorce case is pending What is the status of your divorce case?

An agreement as to the final settlement can be made during the time of permanent alimony.

Regards

Rahul Mishra
Advocate, Lucknow
11456 Answers
20 Consultations

5.0 on 5.0

This is my response to you:

1. This will not be done only in the affidavit;

2. You will need to file consent terms;

3. Once you file the consent terms, submit the same to the court;

4. The court will pass order on the basis of the consent terms.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

You may do the full and final settlement through court with the agreement with wife that she will not claim anymore maintenance for her past, present and future. After majority obviously children's cannot seek maintenance. So no worries

Sivasubramanian B
Advocate, Chennai
47 Answers
3 Consultations

4.8 on 5.0

1) If she is working women than she is not entitled for maintenance.

2) Sons after 18 years is not entitled for maintenance.

3) Daughters till marriage of theirs are entitled for maintenance.

4) If you want to go for lumpsum amount mutual consent divorce. We will draft a strong document for you at reasonable rate.

Ganesh Kadam
Advocate, Pune
11534 Answers
107 Consultations

4.9 on 5.0

Hi, no court can curtail maintanace rights of children and can restrain it to one time settlement ... The children can ask maintanace till they attain age of majority

Hemant Chaudhary
Advocate, Gurgaon
4579 Answers
41 Consultations

4.9 on 5.0

Firslty, Sir, I understand the reason why you want a stringent affidavit so to avoid any future problem.

Secondly, there is no need of any affidavit for the same to be signed as I advice you to let the same be decided before the judge only where it has been pending.

Thirdly, and if you go by my words then please make sure that everthing should come in the order of the judge as last and full time settlement thereafter no right for anyone.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

1. She has already filed an application u/s125 of Cr.P.C.

2. Execute an agreement by and between both of you duly mentioning, inter alia, that this is the final settlement and she will not ask anything more in her life.

3. Submit the said agreement before the Court hearing the section 125 application filed by your wife and seek consent decree to be passed by the Judge.

4. Please note that even after that she might file an application demanding more amount towards her maintenance from you which you shall have to contest fittingly based on the said agreement.

Krishna Kishore Ganguly
Advocate, Kolkata
24611 Answers
701 Consultations

5.0 on 5.0

I think, you must take professional service from a lawyer to get this settlement in between you and your wife drafted. Thus, it is necessary that you take a lawyer on board and tell him/her all the terms and conditions of settlement, so that an agreement is drafted taking into consideration all the eventualities.

Vibhanshu Srivastava
Advocate, New Delhi
9104 Answers
179 Consultations

5.0 on 5.0

See you have to prepare a settlement deed wherein the clause should strictly contain that the wife agrees on her behalf as well as in capacity of the guardian of the children to full and finally settle for maintenance of children and her. She shall not demand any other amount in any of court proceeding after this settlement for her and children.

Based on the settlement deed the court shall pass the order.

Shubham Jhajharia
Advocate, Ahmedabad
25487 Answers
111 Consultations

5.0 on 5.0

You are mistaking.

You need to talk two things:-

1. Your wife to be paid an amount as alimony which will stop the maintenance.

2. The children are you responsibility till they are adult for education and upbringing and in case of girl child till her marriage irrespective of her age.

Your advocate will guide you in respect to alimony affidavit.

Vimlesh Prasad Mishra
Advocate, Lucknow
6774 Answers
23 Consultations

4.9 on 5.0

1. If she is willing to settle then settlement can be done even during the pendency of appeal.

2. Get the agreement drafted by your lawyer, or if you want a lawyer on this portal to do it then you are free to engage one.

Ashish Davessar
Advocate, Jaipur
29939 Answers
863 Consultations

5.0 on 5.0

You can file consent terms for settlement before the court. The detailed averments of the affidavit can only be drafted after getting entire case details. You can contact me through Kaanoon for telephonic consultation and drafting for the same.

Prashant Nayak
Advocate, Mumbai
22044 Answers
49 Consultations

4.4 on 5.0

1. That the wife_(name)_________ agrees not to further persecute the Applicants till implementations of the present Consent Terms and further agrees and undertakes that to the Applicants complying with all the terms and conditions of the present Consent Terms, she will co operate to get all the terms of the settlement being executed and get all the complaints against the applicant quashed. Towards securing the same she will cooperate with the Applicants in preferring all necessary and requisite Applications, Petitions and proceedings. The wife further undertakes to give all necessary consent for getting the present complaint quashed and also agrees to personally remain present during the hearing of such legal proceedings.

2. That the wife declares and confirms that she has no other claims and/or grievances, whatsoever on her own behalf or on behalf of her above said children, against the present Applicants and all the grievances in the present complaint same are now amicably resolved by the present Consent Terms.

3. That in view of the present Consent Terms the wife undertakes not to proceed with the present case and/or file the same application for maintenance again in future.

Priyanka Jain
Advocate, Mumbai
7 Answers

Not rated

For this service you engage a lawyer on his terms.

The lawyer chosen will be able to guide you properly as per your desire.

T Kalaiselvan
Advocate, Vellore
68815 Answers
927 Consultations

5.0 on 5.0

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