Hi,once she withdraws the DV case before the second motion the interim residence relief granted of residence shall also be withdrawn..Also once the divorce is granted,she will be no longer your wife ,therefore the relief granted to her under DV act as a wife ,shall have no legal value
Mutual Divorce Terms
There is DV case filed by my wife against me and interim order of that DV case is to provide residence to her in my house and give her some monthly payment. So she is staying in my own house. Now we have agreed for mutual divorce case with one time alimony and she has asked for below conditions and I am planning to agree and we are planning to put these conditions in Divorce petition. So just want to check if will there be any problem that would arise if she does not appear for second motion of divorce. 1. Half the amount to be paid to her by cheque on first motion 2. She will withdraw the DV case 3. Remaining half amount will be paid to her by cheque in second motion when divorce is finalized. 4. She will leave my house 1 month after total payment. Now I have below questions. 1. Is there any possibility that she wont leave my house after divorce is finalized and DV case is withdrawn by her. Will she has right of residence against me after Divorce? Do I need to mention any explicit condition for this in the divorce petition? What remedy is available to me if she does not leave house after Divorce finalization. 2. My lawyer says better to ask her to leave her house before second motion to be on safer side. But my wife wants full payment before leaving house. So I have to pay her all the money at the first motion itself. My lawyer says paying full payment at the first motion fine but getting her out of house in utmost priority. But I don't agree with him because I will loose my money if she does not withdraw the DV case after getting full payment at the first motion and also she will not leave my house as it is secured by the interim order of DV case. That will be the worst thing for me. So with 4 conditions mentioned above, at least I will get Divorce and DV case will be withdrawn. 3. If we add these conditions as part of mutual Divorce Petition. ARe these binding on both. After first motion(after getting hald the money), she does not withdraw DV case, what remedy is available to me? 4. Can you give references of any case laws where 6 month period have been waived off by family court for mutual divorce case if parties are staying separate for a long time?
Asked 6 years ago in Family Law
Religion: Hindu
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8 Answers
No after dv case she doesn't have any locus to stay there. You can mention the same in your consent terms.
You can't ask her to go like that. But if she agrees then it's good.
Yes it's binding
https://www.google.com/amp/s/wap.business-standard.com/article-amp/pti-stories/delhi-hc-waives-cooling-off-period-for-divorce-as-woman-set-to-remarry-soon-[deleted]_1.html
1) consent terms are binding on parties
2) she has no rights of residence after divorce
3) if she refuses to vacate file suit for eviction that may take years to be disposed of
4) better she should leave house before second motion
5) you can deposit full amount in court and wife can withdraw money from court
6) family court would not waive cooling period
1. She will not have any right to residence after the divorce.
2. Don’t pay the entire money on the first motion. Pay part money, get all the conditions of divorce satisfied and then move for second motion.
3. Yes these are binding
4. Differs from fact to fact, law laid down by SC has to be followed.
Regards
Legally a wife can stay with her husband or at his place of residence even if a petition for divorce has been filed by her against him or by him against her. However both the parties should not cohabit with each other and stay in different room.after divorce wife should leave husband house. she has no rights.
1. She will have not right to residence after the divorce, You have to file suit to get her evicted from your property.
2. See you make change in payment condition make it in three parts that one after the first payment second after she withdraw DV and leave the premises and third on the second motion,
3. You have to contest same in court if she fail to withdraw the case,
4. Amardeep Singh vs. Harveen Kaur supreme court waived off the period and gave direction.
Respected sir...
- Note an issue whatever she is saying do agree to everything but mention all the things in the statement durring the time period of first motion... She can not back to statement which is made at first motion..
- Don't worry... Make half payment at first motion and mention in the statement that she will withdraw the cases and leave your hove within a month of second year and also we will not liable to to anything whatever happened to her..
- Any statement made in first motion or second motion in binding on both the parties..
- Sir there is only a single case law to wave off thia period and your advocate will do the same...
Thank you
- As per the information mentioned in the present query, makes it clear that you want to go safe and for which you need to see the mutual understandings of both the parties.
- Whatever you would be putting in the mutual agreement before the court of law, neither of the parties can back out from the conditions been put in this.
- If she backs out from the first motion or doesn’t comply with the conditions after second motion or even after first motion then that would be the contempt of court.
- You can file a contempt petition before the Hon’ble HC for executing the agreement or put her behind the bars after getting everything back to you which you would have given to her.
