• HC Mediation for Divorce

Hello,

Wife has filed multiple litigation like DV and RCR in lower courts. Family court gave final judgement about RCR wherein court ordered that Husband should allow wife to co-habit within 2 months but also gave 16,000 maintenance. Wife did not come even after my requests/Registered Post etc.

Wife has filed appeal in HC to increase maintenance but was silent on Restitution order. Now, in HC, my advocate suggested for madiation. So, we had one session with HC appointed mediator. I agreed to pay 14 lakh final settlement amount as I wanted to end the litigations though family court order could have helped me in HC.

Based on this situation, I would like to know what precautions and terms I should know before going into next meeting with HC mediator. There will be decision on terms like 
1) When to withdraw cases filed in lower courts
2) How the payments will be made
3) Whether I will pay amount in installments

I want to be clear so that wife should not back-out. I don't want any mental harassment out of this process, so thinking of arranging all the money on single day and ending all the litigation and divorce finalization on the same day. HC mediator mentioned that he will request for removing 6 months cooling off period.
Please suggest me the terms/agreement points for final settlement which I can put to the mediator. Thanks.
Asked 1 year ago in Family Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

18 Answers

Both parties to file petition for divorce by mutual consent

 

2) you should deposit Rs 14 lakhs in court 

 

2) wife should be permitted to withdraw amount only on withdrawal of cases filed by her 

Ajay Sethi
Advocate, Mumbai
84068 Answers
5480 Consultations

5.0 on 5.0

1. Since you want to end the matrimonial life with her after paying a lump sum amount , hence you should file a Petition for divorce under mutual consent ground.

- Before filing the first motion , you should submit your condition of  payment , and stages of withdrawing the cases filed by the parties, before the Mediator.

2. Divide the payment in three installments ,i.e. stages wise.

3. Yes, 

- Pay Rs.5 lac at the time of withdrawing the filed cases by the wife.

- Second Installment of Rs.5 Lac at the time of First motion statement 

- Third installment of Rs.4 Lac at the time of Second Motion statement ,i.e finalization of decree

 

Good luck and dont forget to rating Positively. 

Mohammed Shahzad
Advocate, Delhi
7982 Answers
85 Consultations

5.0 on 5.0

Mediator can do nothing to get the cooling off period waived off.

You should pay amount in installment. Paying full amount at one go can lead to complications later as your wife can stop appearing in the mutual consent divorce case and can also be draw consent before the divorce decree is finalized when she has received the entire amount.

Pay her half of the amountwhen the memorandum of settlement is signed and the other half when all the cases are withdrawn from the court.

Ask your lawyer to accompany you. Mediator cannot force any condition on you. Get the memorandum of settlement drafted by some experienced lawyer and you can present the same to be signed by your wife and it can be filed in the court for withdrawing the cases.

Siddharth Jain
Advocate, New Delhi
5759 Answers
83 Consultations

5.0 on 5.0

All the cases must be withdrawn by the wife. Of ahe is not willing then a mutual consent divorce petition should be filed and divorce be taken in 6 months. Don't give her any money. The money would eb deposited in the court to be given at the time of the final order.

6 month period cannot be waived off easily. 

All the terms and conditions must be clearly spelled out. 

Rahul Mishra
Advocate, Lucknow
13048 Answers
42 Consultations

5.0 on 5.0

She can withdraw the DV case, she can even sign the petition for mutual consent divorce on the same day.

After a week time you both can file a joint affidavit seeking to waive the waiting period  after which the court may grant divorce.

Thus on the second motion you can settle ll the amount that was agreed upon and the same may be recorded in the mutual consent decree, which will help you to reject her future claim for maintenance.

 

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

 a joint petition for dissolution of marriage for a decree of divorce is to be presented to the family court by both the spouses on the ground stating that they have not been able to live together and have mutually agreed to dissolve the marriage or they have been living separately for a period of one year.

There is no system of deposit the money with court in the case if mutual divorce. Make two part payments of the decided amount. Pay first half at the time of filing the petition or after withdraw the case and remaining half at the time of final hearing of MCD second motion.

Mohammed Mujeeb
Advocate, Hyderabad
19011 Answers
28 Consultations

4.5 on 5.0

1. If an agreement is reached on applying for mutual consent divorce then let her withdraw the criminal cases before the final motion of MCD.

2. Not more than 20% of the finally agreed amount should be paid on the first motion. Balance should be paid only on the second motion.

 

Ashish Davessar
Advocate, Jaipur
30745 Answers
913 Consultations

5.0 on 5.0

Hi

Pre condition for settlement shall be  withdrawal of all cases by her before final motion.

You can deposit 50% of agreed amount in court on agreed date, and balance to be paid on furnishing the details / proof of cases withdrawn by her.

You need to file mutual consent divorce based on above. 

S Srinivasa Prasad
Advocate, Hyderabad
2877 Answers
9 Consultations

5.0 on 5.0

Dear Sir,

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.

 

Bombay HC quashes dowry case as couple reaches settlement

The Bombay high court recently quashed a dowry harassment case against an Andheri resident and his parents by his wife, following an out-of-court settlement between the couple that includes his paying Rs 60 lakh as alimony. The couple agreed to dissolve their marriage by mutual consent with the custody of their minor daughter remaining with the estranged wife. They also resolved to withdraw all criminal cases they had lodged against each other, including the dowry harassment case.
“It can, thus, be seen that the matter has been amicably settled between the parties. From the perusal of complaint, it transpires that the allegations are totally personal in nature. The alleged offence cannot be said to have any impact on the society,” said a division bench of Justice Ranjit More and Justice Sarang Kotwal. The bench cited a Supreme Court judgment that had held that in the event of settlement of matrimonial dispute, an FIR under Section 498A of the IPC could be quashed, even though the offence of dowry harassment was not compoundable.

“In these circumstances, and especially, in view of the law laid down by the apex court, we find that no purpose would be served by keeping the criminal proceedings pending except burdening the criminal courts which are already overburdened,” added the judges while striking down the criminal case that was lodged in 2009.

Five years after the woman lodged the dowry harassment case, her husband had filed a divorce plea before the Bandra family court in 2014. According to the petition in the high court, the couple’s relatives had brought about a settlement between them. As per the consent terms, the man agreed to pay Rs 60 lakh towards his estranged wife’s claim of maintenance and permanent alimony for herself and the couple’s minor daughter. The daughter’s custody would remain with the mother, with the father getting access according to the child’s convenience.
In the high court, the man told the judges that he had no objection to hand over custody of the daughter to his wife and allow her to withdraw the money he had deposited before the Bandra family court once the marriage is dissolved under the Hindu Marriage Act.
On a query by the HC judges, the woman said that she had no objection for quashing the criminal proceedings initiated by her and she was doing so on her own free will, without there being any pressure or influence. She has further confirmed that she had agreed for the settlement and had no objection for quashing the criminal proceedings initiated by her. She said that she had agreed to it without there being any undue influence, coercion and pressure on her.
Taking into consideration the statement, the high court held that there was no impediment for striking down the criminal case against the man and his parents.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

You should agree that you will deposit the amount in family court and she can only withdraw the same once all the cases are quashed. The aforesaid condition will bind her not to take undue advantage for the same

Prashant Nayak
Advocate, Mumbai
24239 Answers
51 Consultations

4.4 on 5.0

Payment after withdrawal of cases.

Payment through DD. Shall be kept in court for 1 month to give time to withdraw cases. If not withdrawn in 1 months,  DD will return to you.

Can offer installment also due to incapacity to pay in one shot.

Mention in settlement that every belongs to her is returned.

Yogendra Singh Rajawat
Advocate, Jaipur
21439 Answers
31 Consultations

4.4 on 5.0

1. See pay total amount once all cases are withdrawn and see record consent for the mutual divorce.

2. You can ask to make payments in installment and pay last installment after the divorce is finalized. 

3. See divorce shall not be granted in one day if mediation is successful then in that case he shall ask to file mutual divorce.

4. In agreement withdrawing of all cases, final settlement amount should be mentioned. 

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
147 Consultations

5.0 on 5.0

The main conditions which should be mentioned in the mutual consent divorce are

1. The cases should be withdrawn after first motion and before second motion.

2. Payments should he made in two installments one at time of first motion and other at time of second motion or after withdrawl of cases. 

Mohit Kapoor
Advocate, Rohtak
10688 Answers
7 Consultations

5.0 on 5.0

Wife should withdraw all cases before second motion .pay only 20 per cent at time of first motion 

 

there should be clause that you would be entitled to money deposited in court in case wife does not appear in Court  at time of second motion or withdraws her consent 

Ajay Sethi
Advocate, Mumbai
84068 Answers
5480 Consultations

5.0 on 5.0

1. You can accept the given conditions 

2. Once she will withdraw the amount , then you cannot get back even she backs off on second motion. 

3. Before passing final divorce decree i.e. at the time of second motion , all the cases filed by her should be withdrawn. 

Mohammed Shahzad
Advocate, Delhi
7982 Answers
85 Consultations

5.0 on 5.0

1. By depositing the arrived amount with the court is a safe strategy that you would be adopting because she cannot dodge you after receiving the money by not withdrawing the pending criminal cases against you.

2.  Based on the terms nd conditions you have deposited the amount with the court, if she breaches the agreement you are eligible to withdraw the amount.

3. The DV case is different to that of the divorce case, hence it can remain pending as on the date of passing of decree in divorce case.

 

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

1) Okay

2) If she backs off court gives divorce.

3) By producing the compromise terms, if she backs off, you can get the case closed. No problem.

 

S Srinivasa Prasad
Advocate, Hyderabad
2877 Answers
9 Consultations

5.0 on 5.0

Only make a additional condition if required or order that she can withdraw only after withdrawal of all cases against you. 

Prashant Nayak
Advocate, Mumbai
24239 Answers
51 Consultations

4.4 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer