• Family settlement deed - talaq

Hello all,

I have previously asked the below question 
https://www.kaanoon.com/187255/nri-us-citizen-wife-and-their-family-filing-false-case

I have sent Talaq e bayeen from here with iddat amount and the other party signed and taken it.

After various conversations between two families the matter have been settled out of court with " Family Settlement Deed" prepared by the lawyers from both sides and terms and conditions written such as no DV, 498a , criminal cases etc should be filed and no future involvement must be there. Full and final settlement and permanent alimony paid as DD's also they have taken all their stuff away. Divorce certificate also obtained from the Qazi.

However the other party has returned the iddat DD and also mehr at the time of signing the settlement deed by her own will and choice. We have recorded this in agreement too. Now following are my questions.

1) I'm planning to travel back to India soon for work reasons. Is is safe to travel now that the settlement has been done?
2) Can they still file false cases on me, when they know that I have returned? 
3) Is it better to delay the travel until things have settled as everything is still fresh?
4)Having returned the Iddat DD amount and Mehr amount, will that have any future consequences on me?
5) The settlement deed has clear terms and conditions with their finger prints taken and with witnesses including her mother. Is that how settlement deed works for Muslim personal law?
6) Now the settlement deed done, divorce certificate produced by Qazi, will they sort of involve in my life after i reach to India?

Would really appreciate if someone can answer the above, as Im having sleepless nights after incurring heavy financial loss for what i say was for a month of wedding fun.

Thanks
regards
Asked 4 years ago in Family Law
Religion: Muslim

3 answers received in 30 minutes.

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14 Answers

Hi,

You seems to be safe but nothing can be predicted about her. You may come and start your work in India because everything is documented.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Yes it will be safe to travel back with the settlement even now if they file any false case the settlement can be presented and same can be quashed from high court and the police will not there self accept the complaint as such.

3. That would be solely.your decision seeing nature of in-laws but when everything is settled there won't be any issue to travel further the divorce certificate is obtained.

4. See should not have returned same though done with her own free will and divorce is accepted so won't be any issue as such.

5. Yes.

6. It is not expected they will interfare.though even you can take care for some time.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) you can travel back to India as you have been divorced

2)no cases can be filed against you in view of settlement arrived at

3) no need to delay

4) wife does not want meher , iddath which you offered to her .

5)you are at liberty to remarry as you have been divorced by mutual consent

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

1.& 2. Has the Quazi issued talaqnama? If yes, then your talaq is complete. Since an agreement has been executed by your ex-wife stating that she will not lodge any 498A complaint or file a DV case, she might lodge thye said complaint and file the said DV case for which you shall have to counter the same fittingly.

3. You can wait for some more time to allow the dust to settle and then come to India.

4. You are supposed to pay her the Iddat and Mehr amount as per Sharia which you have stated that you had paid. Is there any evidence that you had paid the said amounts to her whjch she has returned? If yes, then you have a strong defence if she makes any allegation in this regard.

5. Divorce is taken as per Sharia and after complying with all the rules mentioned in Sharia and CPC is not followed. However, if you have in record that talaq was given following sharia as endorded by the Quazi and the Iddat and Mehr amount was already given to her which she has returned of her own, then it can be claimed that you have acted as per Sharia.

6. No body can be prevented from making allegation or filing cases. In your case you have valid ground to contest any such complaint/case if lodged/filed against you by your ex-wife.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1)when a person gives a talaaq bayeen and then followed it up with a clear divorce within the iddat period then the talaqs will take place.

2)No dowry case can be filed after divorce.

3)A woman can file a domestic violence complaint even after divorce,court also said that even after the termination of marriage, if an ex-husband attempts an act of violence such as stalking the wife, trying to intimidate her or threaten her or her family members, then the wife can seek protection from the law.

4) wife does not have any right in the husband's or ex-husbands property.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

Dear Client,

Such kind of settlement are not biding and cases can be filed even after execution of these. Deed will be good evidence in your defense if false case file.

Let things settle first than travel to India is feasible.

Even on receiving full and final settlement amount , divorce wife is entitle to claim maintenance under changed circumstances. And in this case, she didn't received any money, so can claim even now.

Settlement deed is fine but cannot override Criminal code, domestic violence act , maintenance provision etc.

I think you should give some time or travel Indian uninformed.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You need not worry, they cannot implicate you in false cases. All you need to do is produce that divorce certificate before the court of law in case they decide to file a case against you.

Junaid Ali Khan
Advocate, New Delhi
173 Answers
1 Consultation

4.7 on 5.0

1.Yes it is safe to travel.

2.Yes they can but need not to worry as there is settlement deed in this regard.

3. This is a good idea if you can hold your travel plans.

4. Yes this can be treated as non acceptance of iddat.

5. In Muslim law things are not very much clearly defined this can be taken as evidence of acceptance.

6. You may consider the things after all this is settle down hold your plan for quite some time and then you can go ahead

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

The settlement deed signed by your ex wife is binding on her

She cannot now turn around and again take out any legal action

That will be an abuse of the process of court

So you can safely come to India without any worries

As divorce has already happened, nothing survives for the wife to take up anything against you

Yusuf Rampurawala
Advocate, Mumbai
6876 Answers
79 Consultations

5.0 on 5.0

hello

you had an unhappy marriage and hence are now divorced. after the settlement has been done, there is no need to be afraid, rather, don't tell anybody apart from your family that you are coming home. they cannot raise new issues once the divorce is done although you should be cautious. if there is no urgency, delay for a month or 2.

if they are not interested in taking the amount, that is not your problem. they cannot say that you didn't offer them the amount.

the settlement deed has been done and the qazi has registered it. there is nothing to be done now and you can heave a sigh of relief. but be cautious and do not communicate with them directly/indirectly, delay your travel.

regards

Rahul Mishra
Advocate, Lucknow
13754 Answers
65 Consultations

5.0 on 5.0

1. Since the agreement has been signed and settlement has been done, you may analyse the situation and travel to India.

2. Usually such agreements or settlements are not binding for the offences repeated, she may file DV case or lodge criminal complaint under section 498a IPC also since they are treated as continuing offence and there is no restrictions on it.

3. You can decide based on the prevailing circumstance back at home, you can get feed back from your people in India and choose the best time to travel back.

4. She may be planning more vigorous activities against you by returning this amount or may not pursue the matter.

5. It is not enforceable in law.

6.If she wants to avenge you on any particular issue,. she may decide to go ahead on the ill advise of her parents or lawyer.

For the present you can have faith in the agreement and settlement, let she decide whatever she want to do at a later stage, you can handle them at that time, if there is any.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

Wife has received alimony amount she cannot now seek to challenge divorce

2) settlement is binding upon wife

3) you are at liberty to travel to India

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

1. We can presume so for the time being i.e., until she resorts to any further mischief.

2. As opined earlier, this is not enforceable in law hence it is always advisable to be vigilant on that aspect.

3. You may hope so.

4. You can be vigilant on this issue especially to not to reveal your plans to visit the country to anyone, keep it as closely guarded secret.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

1. You have mentioned in your earlier post that the Quazi has issued the decree of talaq and an agreement was executed.

2. There can not be any family settlement deed in this regard as posted by you earlier and it might be settlement agreement. Was it notarised?

3. If the alimony amount paid to her has been recorded in the above settlement agreement duly notarising the same againbst the back ground that you already have received the decree of divorce issued by the Quazi, then encashment of the DD by your ex-wife paid to her towards the one time alimony settlement amount as agreed by her completes your divorce procedure.

4. While visiting India, you should keep all the documents related to your divorce handy for showing to the law enforcing authority if askjed for.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

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