• Final settlement process

Hello, I am from Vadodara (Gujarat). I and my husband got separated in Novemeber2016, after trying everything for reconciliation from me and my family, we could not get success. Finally I had file maintenance and interim maintenance cases. Court had ordered to pay Rs. 10,000/- P.M. affective from Septemebr2017, however I have not received single penny till the date. In between this my husband has left the country permanently. Now I have few questions:
1.	I have been told that nothing can be done as my husband is not here, not even to his family, however my father in law is ready to be POA if I agree to file mutual consent from my side.
Question: How come he can be POA but not responsible to help his son to escape the country?

2.	I have been told that the order of arrest can bot be placed as I do not have his USA(current) address, though I have provided his parents(Permanent) address.
Question: What can be the solution on this?

3.	As I have no other option, I agreed to file mutual consent from my side also, however in that I have been told to file the petition first and then my father in aw will give me cheque at final stage of the decree.
Question: How can I trust those who have not even given me the ordered amount of Rs. 1, 40,000/- and ready to fight against that also.

4.	Question: How can the court force me to get agreed with mutual settlement as there is only option left?
5.	Question: what should I take care for the final settlement?
6.	Question: what should be the mode of payment for the final settlement?
7.	Question: what should be the name on it if it is in DD for the final settlement?
8.	Question: Is it possible that the lawyer can give agreement of final decree release in my absent?
9.	I do not wish to file petition under the threat that do not have other option and get trapped.
I do agree that my questions looked like I do not trust on lawyer, as I have experienced enough.
Would appreciate all possible suggestions.
Thank you,
Asked 5 years ago in Family Law
Religion: Hindu

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8 Answers

1. See the father in law cannot be asked to pay maintenance as you are entitled for maintenance from husband only. Further execution petition can be filed along contempt for the maintenance amount the court can order to attach property if any in name of the husband.

 

2. See only solution can be if his Visa is revoked by the passport authority then he would be forced to come to India.

 

3. Ask for the complete amount in two stages first at time of filing second before the completion of the second motion in case before second motion if fails to give the amount you can withdraw the divorce petition.

 

4.  Court cannot force you for the mutual consent divorce.

 

5. You should receive the complete amount before the second motion that is before the final stage of the divorce is completed.

6. DD is best option

7. It should be in your name payable to you.

8. No court in your presence shall record the second motion,

 

 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Dear client,

Long query and many questions. 

File application in court, no payment made, court will order arrest. This way until not arrested, warrants keep pending and if he holds indian passport than it will be impounded and red corner notice will issue.

Dont agree for mcd until you not paid settlement alimony and compensation. Father not liable for him but can be POA holder and you can refuse your consent any time before court grant divorce. No force from court.

Payment should be through DD, and advocate cannot on his own agree to settlement without your permission.

For better results, hire good lawyer. Do some research before appoint. 


Not counting you just meant, long queries are tough to answer in one flow. 

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

1. Your father-in-law can be a power of attorney holder in favour of his son to appear in the consent to divorce petition but he cannot be held a liable person to the earlier order past against his son. 

2. You have a merits order and the Court had directed your husband to pay the maintenance amount.  If there is any failure on payment of maintenance amount as directed by the Court, you can file an Execution Petition to execute the maintenance order. If  your husband is having any property in his name or having a bank account in case name with sufficient balance or deposit then you can sought for attachment of the said property or the bank account. 

3. Nobody can pressure you to file an mutual consent petition.  If you are intended  to continue the marital life,  you can approach  the Court for restitution of conjugal rights.   In case,  if you are willing  to file a mutual consent petition,  you can put a condition  in the the consent to divorce  petition that such an amount of maintenance or one time settlement amount should  be paid to you without  any default.  After obtaining  the divorce  order,  if your husband is failed to pay the agreed amount then the consent to divorce decree  can be set aside for not fulfilling the condition. 

4. Court cannot and won't pressure you. 

5.One time settlement or final settlement to be mention in the mutual consent to divorce petition. The amount can be a lumbsum amount. 

6.Demand draft,   banker's  chequered online transfer would be better than the cash or post dated cheque. 

7. Should be in your name. 

8. Advocate cannot give consent on behalf of you.  You should be present in person during  the final hearing. 

9. You can appear in person in the consent to divorce proceedings.  If you are willing I will guild you about the proceedings. 

 

Selva Perumal
Advocate, Chennai
339 Answers
36 Consultations

4.9 on 5.0

1. Though your FIL on the basis of POA can file petition for mutual consent divorce, on the date of final motion physical presence of your husband can not be dispensed with.

2. It is wrong to say that since your husband has left country nothing can be done against him. In default of payment of maintenance the court can issue warrant of arrest which can be executed in foreign country as well. If his address is not known to you then the Police can issue Look out Notice so once he lands at any airport in this country he would be arrested by police.

3. Then first take the money and then enter into the court room on the date of final motion.

4. Court would never force you on something which you are ready to agree.

5. First take money and then agree for appearance on the date of final motion.

6. Cash or DD.

7. cash

8. No

9. Do as you think best.

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

1) POA is only for filing petition for divorce by mutual consent 

 

2) he is not responsible for his son leaving country 

 

3) you need husband address in USA . Parents address woukd not suffice 

 

4) you can insist 20 per cent payment be made now and balance 80 per cent at time of second motion of divorce decree 

 

5) you cannot be forced to file petition for divorce by mutual consent 

 

6) your presence is necessary in court at time of second motion . Lawyer  presence is not sufficient 

Ajay Sethi
Advocate, Mumbai
94720 Answers
7532 Consultations

5.0 on 5.0

1. No POA holder can sign the MCD petition on behalf of the executant of the POA. 

 

2. Since he has not complied with the Court order, you should not file a contemt of Court petition and pray for his arrest and impounding of his passport through the Ministry of External Affairs. Your husband will be brought back to india to face the trial as he can not run away from the process of law.

 

3. to 9. No MCD can be filed by the POA holder for which these questions are not applicable.  Engage a trustworthy lawyer  to pursue your case which is a good case to win.

 

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

1.  They have clearly planned to play a safe game, you dont agree for mutual consent divorce, let them do whatever they like, you can file execution petition, and await his return after which you can realise the amount or you can even look for attaching the properties on his name as security towards the payment  arrears of maintenance amount.

 

2.  You cannot get an arrest order if he is not living in India, however you may try to get his property attached if you have the details of his property in India

 

3.  If you cannot trust him then dont agree for this compromise, you can withdraw the mutual consent divorce even at this stage.

 

4.  Court cannot force you to agree for mutual consent divorce.

 

5. You can obtain a post dated cheque to confirm payment.

 

6.  Depends on what you agreed 

 

7.  It should be on your name only.

 

8. No, you have to be present before court 

 

9. You should shed out your fears, nobody can force you, you can withdraw the petition for mutual consent divorce, there are plenty of other options.

 

T Kalaiselvan
Advocate, Vellore
84921 Answers
2195 Consultations

5.0 on 5.0

Your father in law is telling a blatant lie to you, and it seems the police is hand and gloves with him. 

Why nothing can be done? Your husband can be proclaimed an absconder. A red corner notice can be issued against him. 

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1547 Answers
5 Consultations

4.4 on 5.0

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