I am a Muslim a DV case was going against me for 9 years in First Class Magistrate court. Now before argument my wife’s family has approached for a settlement and we are going towards a settlement. First Class Magistrate court on hearing about settlement has moved the case to CJM court. 1) Usually which court cases are moved and is it possible to get divorce without filing a mutual consent divorce from court. What is the procedure? 2) I have to give certain amount of money to my wife so how it have to be given bank NEFT,DD or cheque. 3) I have a minor daughter and have to give her also certain amount should it be in form of FD in the daughter’s name. 4) There is also gold in locker that belongs to both the parties so gold should also be distributed. After 9 years there case doesn’t stand so they are closing it. I am arranging all these funds through loans so I want to be cautious of completing these without further issues. Want to know what are the steps or things I should take while doing this as the other party is very cunning.
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enter into khulanama by mutual consent . you can register the khulanama
2) money should be placed in fixed deposit in daughter name
3) khulanama should mention gold has been handed over to wife
4) in alternative you can enter into consent terms and file it in court
You can file mutual divorce for the same
you can give it through banking channel
yes through FD to child
that gold can be distributed as agreed between you parties
1. The complaint under DV Act can be heard by the First class Magistrate , and may be due to a settlement only the case has been transfer to the CJM.
- If both the parties are agree for a settlement and divorce, then you can take mutual divorce on the ground of Mubarat or Khula.
- The court can direct both the parties to take divorce as per Muslim law out of the court in the presence of two witnesses.
- However, if matter not settled then a divorce petition can be filed before the family court for getting even Mutual divorce.
2. On settlement generally payment through cheque not accepted , and hence you will have to pay the amount via DD or NEFT
3. Better fixed amount in the name of daughter
4. This depends upon the settlement , however any jewelers items received by the woman at the time of marriage is considered as her STRIDHAN and the husband has no right to claim over the same.
The divorce case can be filed by her in the family court (not in the CJM court) or being Muslim she can take khula or you both can go by dissolution through mubarat as per Shariat law. As the settlement is taking place the best possible manner to dissolve the marriage is by mubarat (which is a mutual consent divorce).
Before that you can enter into a memorandum of understanding by reducing all the conditions and terms to writing and make the payments cautiously
Dear client, as you are making a settlement the court had sent the case to the CJM court. YIf both parties agree on a settlement and divorce or you can seek mutual divorce on the basis of Mubarat or Khula under muslim law.
You can give the amount to your wife via DD or online payment or cash.
For your child make an FD on her name.
The gold has to be distributed accordingly in equal manner.
1. Divorce will have to be obtained through court only.
2. Give a DD and obtain receiving
have an expert lawyer by your side who carefully drafts the separation/settlement agreement
