Hi Sir, I have a divorce case which is into evidence stage, as a petitioner I have already submitted my evidence in the last date. In the mean time, my wife is pressing for settlement. I have prepared and shared a memorandum of understanding with her advocate and her. Now she is pressing for settlement. I do not want to be rushed and pressured into signing. I also have a compromise petition prepared. Now on the 30th of this month, my divorce is coming up. I am not sure whether they will turn up. My main intention is not sign anything in duress. I can submit the compromise petition if requested. If I do not sign anything here, they will force me to sign in RCR case coming up in Chennai on Jan 2, 2020. Please advice on the steps I can take on each case.
It is your own decision to sign the memorandum of understanding for settlement
If you do not agree for the settlement, you can refuse the same, let she fight it out in court.
However the court case may stretch years together hence you may take a wise decision at right time.
Keeping in mind the provisions of section 23 of Indian Contract Act, a compromise/agreement filed in a divorce proceedings will not be for a lawful object and thus void as it would be against mandate of Section 13 and 13 B of Hindu Marriage Act.
If you feel like signing then only sign. No one can. Force you to sign. If you are not willing you can proceed with the case
See you can seek dates in both cases on grounds that the talk of settlements are going on the parties are ready and willing to settle outside court for same time may be granted the court shall grant you time.
Amicable settlement is best option
2) enter into consent terms and convert existing petition fir divorce into divorce by mutual consent
3) apply for waiver of cooling period as petition has been filed more than a year back
1. It is not clear from your query as to what are the terms of settlement. Be that as it may, you cannot be forced to sign it. If you do not want to sign or sign at this moment then take time from court.
2. Once settlement is executed it will bind both parties.
Without withdrawing divorce petition, MCD cannot file. And any signature in settlement deed will have no binding effect until it submit in court mutually.
And connot be force to agree for RCR, that court will decide.
On next date, she will submit before court that she agrees for MCD and same will record in court order. Than with the liberty of court can withdraw divorce and file MCD. All conditions will mention in MCD petition. Conditions not binding till final order passed.
1. If you want to wait before signing MoU then no need to rush or feel pressurized for filing MCD.
2. They cannot force you to sign RCR petition compromise because you have already filed divorce and made your intentions clear for divorce.
3. Wait for respondent evidence in divorce case. After that you can decide on signing MoU.
If they come and ask for compromise then take some time from the court to prepare and submit the compromise agreement.
Otherwise proceed as per the case.
In the rcr case tell tg3 court that a compromise is in the pipeline and hence some time may be granted for filing it.
- As per law, you are not bound to signing the same , and further you can refuse to enter into the settlement conditions put by your wife.
- If, you both want to be separated , then the mutual divorce is best option for getting divorce legally , and promptly.
- The same divorce case filed by you can be convert into mutual divorce.
- No, she cannot force you to sign in RCR case ,without final decision of the settlement.
- You can request the court , for a mediation between the parties.
