I have a 498a, 506 and DV act cases filed against me and i have filed a divorce and child custody case against her. This all happened in 2017-18. Now both the families has decided to for settlement. My Question is 1. What is the procedure for settlement in this matter? 2. What are the measures we should take to avoid any problems in future? Note: All the cases are in the state of Karnataka. Regards
1. Entwr into a written compromise/settlement with her. All the terms of mutual separation, must be clearly recorded in this settlement agreement.
2. Based on the above settlement agreement, she will withdraw all her case against you, and you will withdraw the cases that you filed against her. Get the 498a quashed, on the basis of this settlement.
3. Your local lawyer should help you with this
1. File an application for mutual settlement in the pending divorce case, the case will be referred to Lok adalat and the divorce will be granted. After filing the settlement, both the parties will have to withdraw the other cases.
2. Settlement deed has to be drafted carefully.
Regards
you would need to get a memorandum of settlement drafted by an advocate stating all the terms and conditions of the settlement between the parties which has to be executed by both the parties.
The terms of alimony, child custody and no future interference are the most important points which are to be drafted properly in the said memorandum of settlement.
Also a petition under section 482 CrPC for quashing of FIR would be filed jointly in Karnataka High Court by the parties so as to get the criminal case cancelled against you.
1. What kind of settlement, whether to live together or getting separated for ever.
If it is separation then better adopt legal steps so that you don't suffer in future.
2. Better consult your advocate for getting more details.
1, The settlement is done through mutual divorce in which all the terms of settlement can be mentioned.
2. This settlement is to be done through divorce on mutual consent and withdrawal of respective cases.
3.. In the petition for mutual divorce all the terms can be mentioned like withdrawal of cases, exchange of articles, custody of children , payment of alimony to avoid future complications.
4. Cases except maintenance can not be re filed once withdrawn.
Dear All, Thanks for Your Advice, Kindly Guide me with the following queries. Both parties agreed to sign the MOU. 1. Agreed for Divorce/Khula. 2.As agreed in MOU i have decided to give a property, when do we have to register it in her name. After Signing the MOU or after she withdraws all the cases. 3. Does the procedure have to go through lower court or High Court. Note: From the marriage i have a daughter aged 9 years. Agreed in MOU for Visiting rights. Regards
After withdrawal of the case.
It will go through the lower court and if some one has filed some case in HC for quashing of some case then file an application in the HC for referring the matter to mediation.
Regards
as you are a Muslim the law says that you can divorce each other by mutual consent as per the procedure prescribed in the Muslim law. the families have decided to settle the matter is a very vague statement. does it mean that they have decided to amicably live with each other or to divorce each other? assuming that you have decided to divorce each other the procedure is to mutually divorce each other by filing a case before the court.
regards
1. Under mubarat, divorce is by mutual consent. Thus, the proposal may originate from either side. The husband and the wife both want to be separated from one another. Under this system, when the parties to marriage enter into a mubarat, all mutual rights and obligations come to an end.
2. Try to settle dispute amicably through an mediator who have knowledge about Shariah law.
Three said MOS would the filed along with the quashing petition in the high court for dropping the criminal proceedings against you to show that the amicable settlement has been arrived at between the parties.
After that the terms and conditions of the memorandum of settlement executed would be binding upon both the parties and both the parties would be governed by the clauses contained in it only.
For visitation rights, the duration of visitation as well as the frequency of visitation should also be clearly mentioned in order to avoid ambiguity.
you should also consider taking a second opinion from other lawyers before joining the same so as to ascertain that your interests are properly being represented.
2. You can register the property after she withdraws all the cases.
3. It can go through trial court itself, but if it is 'Khula' form of divorce then it need not go to court at all.
the property must be transferred and the money given ONLY AFTER she withdraws all the cases and agreed to all the conditions. if you do not comply the agreement is void but if she backtracks you would be in trouble as she would have the money but cases would still be pending against you and she can use those to enhance the money.
regards
you can file consent terms in court wherein it is agreed wife with draws false cases filed by her , that she would cooperate in quashing of dowry harassment case
2) custody of child has to be provided for , payment of alimony , etc
3) get it vetted by lawyer
Quashing has to be filed of dowry harassment case in HC
2) consenterms have to be filed in family court
File consent terms in the court where the proceedings are going on
The court will pass a consent order or decree based on the consent terms
Its better than MOU and more binding
In case of default if either party, the aggrieved party can file contempt petition against the defaulter
You can agree to register the property within the stipulated period mutually agreed in consent terms. There is no hard and fast rule for it
Ideally however let all cases be withdrawn and within an agreed period from date, you can transfer and register the property
1) Yes, you can go with MOU however it should convert into Mutual Consent Divorce and signed by court so you will not face any problem and than ask her to withdraw case. At the time of withdrawal case she should mentioned she is going mutual consent divorce.
1. If you trust her then get it done after signing of MOU.
2. Lower court only though 498A case can be quashed through high court also.
Dear Sir,
The following information may kindly be read:
Sample MoU for ending Matrimonial Litigation
1) Mrs. 498a d/o such and such r/o such and such and/or her family members shall have no claim in the present and future on the whole of or on any portion of any assets or income of her husband Mr. so and so s/o so and so r/o such and such and/or his family.
2) Mrs. 498a d/o such and such r/o such and such shall give in writing to her husband Mr. so and so s/o so and so r/o such and such or his representative a receipt indicating her acceptance of every respective instalment of the full and final settlement of XYZ Lakhs of Rupees (Rupees XYZ,00,000/=) as and when the payments are made.
3) The payment of XYZ Lakhs of Rupees (Rupees XYZ,00,000/=) is a full and final settlement between Mr. so and so s/o so and so r/o such and such and Mrs. 498a d/o such and such r/o such and such. Mrs. 498a d/o such and such r/o such and such and/or her family members will have no claims on any payment from her husband Mr. so and so s/o so and so r/o such and such and/or his family members after the payment of this full and final settlement.
4) Payment shall be made and accepted in three instalments of ABC rupees, DEF rupees, and GHI rupees respectively. First instalment shall be paid and accepted on signing of Memorandum of Understanding. Second instalment shall be paid and accepted on first motion of mutual consent divorce. Third instalment shall be paid and accepted on second motion of mutual consent divorce. Payment shall be done by Mr. so and so s/o so and so r/o such and such or his representative. Acceptance of payment shall be done by Mrs. 498a d/o such and such r/o such and such.
5) All litigations and complaints initiated by Mrs. 498a d/o such and such r/o such and such and her husband Mr. so and so s/o so and so r/o such and such or their respective family members against the other party and/or their family members shall be withdrawn, and no litigation or complaints will be revived, initiated or inspired by Mrs. 498a d/o such and such r/o such and such and her husband Mr. so and so s/o so and so r/o such and such or their families in future against the other party and/or their family members.
6) Mrs. 498a d/o such and such r/o such and such and her husband Mr. so and so s/o so and so r/o such and such will cooperate in letting the other party withdraw their litigation and complaints.
7) Mrs. 498a d/o such and such r/o such and such and her husband Mr. so and so s/o so and so r/o such and such shall disengage completely from the life of the other party, and will not indulge in any act of omission or commission in the future which would tantamount to interfering in the other party's life.
8) Mrs. 498a d/o such and such r/o such and such and her husband Mr. so and so s/o so and so r/o such and such are bound by this memorandum of understanding to cooperate and work towards getting mutual consent divorce as soon as legally possible.
1. A joint petition for divorce can be filed along with an MOU for divorce stating terms of settlement and compromise can be made, furthermore you can ask them to help you quash all the criminal cases.
2. There should be consent quashing of criminal case and further everything should be written,
Transfer property once she withdraw/help in quashing all the case. Quashing has to be done in high court.
you can file a quashing application in HC and quash the FIR.
1. Have you two settled for divorce or for restaring your married life peacefully?
2. Whatever you have settled for, she shall have to arrange to ensure that you can get the FIR registered against you quashed by the High Court.
3. Ask your wife to execute an affidavit affirming that she had lodge the police complaint u/s498A of IPC due to domestic rage which has now been settled by and between both of you and you two are now living a happy married life mnow.
4. Based onm the said affidavit, you shall have to file a petition before the High Court u/s482 of Cr.P.C. praying for quashing the FIR based on your wife's said affidavit and she shall al;so have to depose before the Court in support of her affidavit, if desired by the Court.
5. Thereafter you shall have to make the settlement amicably and act accordingly.
1. You can execute and notarise a MOU detailing all the points of your sgreed settlement.
2. Police complaint u/s498A of IPC can not be withdrwan since it is a non compoundable section. The concerned FIR shall be quashed by ther High Court for which steps have been detailed in my earlier post.
3. No Court shall be involved in your instant matter of settlement. High Court shall have to be approacyhed for quashing the FIR regiostered against you u/s498A of IPC. The settlement can be made by executing and notarising a MOU.