File consent terms in court wherein DV case is pending 

2) give DD of Rs 10 lakhs 

3) you can in alternative place FD in joint names  of wife and child 

4) wife should on receipt of payment withdraw the cases 

5)mubarat Nama should be registered 

6) court can set aside land attachment order at time of withdrawal of DV case 

1. Gold Treatment: Treat 13 sovereigns as Mehr (dower), not alimony. Document return in settlement agreement.

2. Court Jurisdiction: File Mubarat in Family Court - they have jurisdiction under Dissolution of Muslim Marriages Act.

3. Payment Method: Fixed Deposit is safest for ₹10 lakh with proper documentation.

4. Child's FD: Need mutual consent or court order for FD in child's name until 18/22.

5. Case Withdrawals:

• 125 CrPC: File application under Section 257 before final order

• DV Case: File withdrawal petition with settlement memo

6. Iddat Period: Mandatory - wife must observe 3 menstrual cycles/lunar months with maintenance.

7. Land Attachment: Will be lifted automatically once settlement is approved and DV case withdrawn.

Action Plan:

1. Draft Mubarathnama with witnesses and Jamath attestation

2. File Mubarat petition in Family Court with settlement terms

3. Submit withdrawal applications for both DV and 125 CrPC cases

4. Execute FD payment with proper documentation

5. Apply for attachment lifting post-settlement

Note: All withdrawals must be before final orders and with proper court approval.

The return of her jewels during settlement process is generally not considered as Mehr amount until specifically stated therein in the agreement.

Dissolution of Muslim marriage by Mubharat is done in the presence of witnesses which is considered as mutual consent divorce, however if the marriage was subsequently registered under special marriage act then a suit for declaration to be filed before the civil court or family court to declare the dissolution of marriage by Mubharat is valid because this will nullify the registered marriage.

The DV case can be withdrawn by the petitioner by filing a petition before the concerned trial court.

As far as settlement of amount as per agreement can be done in the manner agreed by parties either orally or in the settlement agreement.

There's no iddat period to be observed for the dissolution of marriage under Mubharat mode of talaq.

First of all, you need to enter into MOU with all the conditions of settlement, alimony, dismissal of pending cases and all. Based on that, petition need to be filed. 

Thanks n all the best

It depends on the consent terms if you are settling. The terms have to be decided first and only after agreement the same should be filed and complied with. If the same is not in agreement then there will be question of interpretation as per the law

Dear Client, 
The 13 sovereigns of gold should generally be treated as Mehr (dower) and returned to the wife; it is not counted as part of alimony or settlement, as Mehr is her exclusive right under Muslim personal law, separate from any alimony or lump sum settlement. A Mubarat (mutual) divorce agreement should be filed before the Family Court, as Family Courts have jurisdiction to recognize and endorse Mubarat divorces for a formal declaration of marital status, even if a Domestic Violence (DV) case is pending; the court will typically ensure all agreements and settlements are recorded and may facilitate withdrawal of pending cases as part of the settlement. For paying ₹10 lakh as alimony for wife and child, a bank Demand Draft (DD) or direct bank transfer through a traceable and documented method is safest, but the best legal safeguard is to pay the amount in court or as directed by the settlement or mediation order, ensuring clear proof of payment and consent; some courts allow the settlement sum to be placed in a fixed deposit (FD) for the child, but if the other party refuses, an order of the court may be required, and it is advisable to request such an order as part of the settlement. Both DV and 125 CrPC cases should ordinarily be withdrawn after the Mubarat agreement is formally filed and recorded, ideally after the settlement memo is filed and consent orders are passed (often through the Mediation Cell); all withdrawals must be before final orders, with proper applications made in each respective court. Observation of the Iddat period and provision of Iddat maintenance are mandatory following a Mubarat divorce; the wife is entitled to maintenance during the Iddat period, and this should be reflected in the settlement. Land attachment orders granted in a DV case will generally be lifted upon submission and acceptance of the settlement, and after the DV case is formally withdrawn or settled by consent in court; a dedicated application to lift the attachment should also be filed as soon as the settlement is effective
I hope this answer helps. For any more queries, do not hesitate to contact us.

- Under Mubarat, both husband and wife are against the continuation of marriage and want to separate.

• Either the husband or the wife can make the offer.
• The other must accept it.
• When accepted, it becomes irrevocable
• Iddat period necessary

- It means that , the wife must undergo the period of iddat , and the divorce can take place under the supervision of Qazi , and no intervention by the court is required.

- Further , for getting divorce from the court , you will have file a petition for mutual divorce under the Dissolution of Muslim Marriage Act, 1939 in the family court . 

- The gold given at the time of marriage as alimony will not treated as Mehr , and it depend upon the wife to treat it as settlement. Legally she has her right to claim all the jewelers & gift received by her at the time of marriage. 

- You can pay the amount in the form of DD or FD , the copy of the same must submitted in the Court for record.

- You can pay the amount in two installments , First installments at the time of withdrawing the cases filed by her and the next installment at the time of divorce. 

- The attachment order will come to end if the case will withdraw by her. 

You are willing to return 13 sovereigns of gold, and the question is whether this should be treated as Mehr or part of the alimony or settlement. If the gold was originally agreed upon as Mehr in the nikah, then it must be returned as Mehr and described that way in the Mubarat (mutual divorce) agreement. However, if it was given as wedding jewellery or gifts (stridhan) beyond the Mehr, it can be treated as part of the final settlement. To avoid confusion, the Mubarat deed should clearly state that the husband returns 13 sovereigns of gold to the wife in full satisfaction of all claims including Mehr, maintenance, and other dues, and that the wife acknowledges receipt. This ensures final closure of all claims.

Since a Domestic Violence (DV) case is pending before the Judicial Magistrate First Class, the Mubarat agreement should be executed first before two witnesses (and ideally notarised or endorsed by a Qazi). Then a joint memo or settlement petition can be filed before the same Magistrate in the DV case, attaching the Mubarat deed and requesting that the matter be closed in view of the settlement. If there is also a maintenance case under Section 125 CrPC or any family matter pending before the Family Court, a copy of the Mubarat agreement should be filed there too, so both courts record the settlement and dispose of the cases.

The safest way to pay ₹10 lakh as alimony is either through a demand draft (DD) or bank transfer directly to the wife’s account. These methods are traceable and legally verifiable. Cash payments should be avoided. The Mubarat agreement and settlement memo should record that the wife acknowledges receipt of ₹10,00,000 via DD or bank transfer, giving the number, date, and bank details, and that this is in full and final settlement of all claims, including maintenance, alimony, and child expenses. Written acknowledgment by the wife should be taken and kept for your records.

You can deposit part of the amount in a fixed deposit in the child’s name if both parties agree, with the mother or yourself as guardian until the child turns 18 or 22. However, this can only be done with the wife’s written consent. If she refuses, you cannot unilaterally create an FD and treat it as maintenance. In that case, payment should be made directly to her, with the Mubarat explicitly stating that the payment covers all future claims for the child’s education and maintenance, and that no future claims will be made.

The sequence of withdrawing cases should be carefully followed. First, the Mubarat divorce should be executed and signed by both parties with witnesses. Then, joint settlement memos or petitions should be filed before the courts where the DV and 125 CrPC cases are pending. Each court will record the compromise, dispose of the case as settled, and cancel any interim maintenance or protection orders. Only after such disposal orders are issued can you consider the cases fully closed. The filing of the settlement can also be done through the court’s mediation cell, which ensures that both parties’ consent is recorded officially.

The Iddat period applies to all forms of divorce under Muslim law, including Mubarat. The Iddat period is three menstrual cycles (about three months) or until delivery if the woman is pregnant. During this period, the husband must provide maintenance and accommodation, but after Iddat ends, there is no further liability if the full settlement has been paid and recorded in the Mubarat. You can include a clause in the agreement stating that the ₹10 lakh payment includes the Iddat maintenance and all other claims.

The land attachment order in the DV case will be lifted once the case is formally closed. After filing the settlement memo and obtaining the wife’s acknowledgment, the Magistrate will pass a final order recording the settlement and vacating all interim orders, including the attachment. If this is not done automatically, your lawyer can file an application under Section 25(2) of the DV Act, requesting that the attachment be lifted since the matter has been amicably settled.

To summarise, you should execute the Mubarat deed with witnesses, return the gold and pay the settlement amount through DD or bank transfer, and record full and final settlement of all claims in writing. File the settlement before the Judicial Magistrate for the DV case and the Family Court for the 125 CrPC matter, and ensure closure orders are passed. Include Iddat maintenance in the lump sum payment. Once the court records the settlement, all interim orders including the land attachment will stand vacated. This approach ensures a clean, legally binding closure with no future claims.

you can give 4 sovereign as meher and 9 as alimony . 10 lakhs can be given in child name . 

2) however instead of giving gold coins better give x amount to wife in full and final settlement 

3) you  can give DD of RS 10 Lakhs 

4) it should be mention x amount is paid in full and final settlement of all claims

5) obtain in writing from wife that she has received all jewellery , coins kept in bank locker  

- If she agrees to receive as mehr , then it can be possible , otherwise legally you cannot forced her 

- If the said divorce is taking place through the Court then you cannot put any such condition , however out of the Court you can enter into such agreement. 

- You can pay the amount at the time of withdraw the cases filed by her , and in the absence of any receipt of amount she can refused to withdraw. 

- If both the parties are agree for Mubarat , then it will not take more than 2 dates 

You have raised lot of question which are actually practical in nature than any legal procedure. 

The terms of settlement and mode of payment and in favor of whom and all will be decided mutually and reduced to writing in a settlement agreement or a memorandum of understanding.

This Settlement agreement or the MOU can be drawn on a rs. 100/- non judicial stamp paper, witnessed  by two witnesses, one from each side and duly notarised. 

This will become the documentary evidence for Mubarat and also for filing the suit for declaration to declare the dissolution of your marriage as per Mubarat under Muslim personal law.

You may mention the mehr amount separately other than the one time settlement amount to her and the amount to be deposited in favor of your child as FD.

You can also include the clause that the above amount will be settled only after she withdraws the DV case as well as the maintenance case completely and after she files submit to decree memo in the suit for declaration to declare the dissolution of marriage on the basis of Mubarat 

Rest any other details that you consider as vital can be included in the MOU accordingly 

You need to decide the details mutually and agree to the same

You can mention 5 lakhs to wife is paid as alimony in full and final settlement of her claim and Rs 5 lakhs for daughter 

daughter has no share in your property during your lifetime .you can execute gift deed during your lifetime for your properties 

You can mention in the settlement agreement that the Mehr amount is also included in the agreed settlement amount of Rs. 5,00,000/- to be paid to her and also can mention the FD amount that you propose to make it in the name of the child.

As far as your guess about they filing the case after the child becomes adult may happen or may not hence don't be worried about it so soon, when it comes, you can take suitable action at that time. Any amount of precautionary measures taken at this point of time will not come to your resuce for the practical situations that would prevail then.

They can’t file a case if the consent terms are filed in court by parties 

This is a very practical and detailed set of questions, and it is excellent that you are planning everything clearly before finalizing the Mubarat (Mutual Consent Divorce under Muslim law). Below is a complete structured legal explanation and checklist addressing each of your questions, combining the Islamic law aspects, Family Court and Magistrate procedures, and the safest legal methods to avoid any future claims.

1. Treatment of 13 Sovereigns of Gold
   If the 13 sovereigns were originally stridhan (belonging to the wife) or mehr (dower promised under nikah), you can treat a portion as Mehr and the rest as part of settlement or alimony. You can mention 4 sovereigns as Mehr and 9 sovereigns as part of the overall settlement or alimony in the Mubarat agreement. Clearly specify this in the agreement — for example:
   “Out of 13 sovereigns of gold ornaments currently in the husband’s custody, 4 sovereigns shall be returned towards Mehr and the remaining 9 sovereigns shall be transferred as part of the full and final settlement.”
   This makes it clear that both religious (Mehr) and civil (alimony) obligations are satisfied.

2. Where to File the Mubarat Agreement
   Since a DV (Domestic Violence) case is already pending before the Judicial Magistrate and maintenance under Section 125 CrPC is also pending, the proper course is to file the Mubarat Petition before the Family Court, as only the Family Court can pass a decree of divorce under personal law (even for Muslim parties). Once the Family Court records the compromise and issues the decree of divorce, you can then file withdrawal petitions before the Magistrate Court (for the DV case) and the Family Court (for the 125 CrPC case) stating that the matters have been amicably settled through Mubarat.

3. Alimony Payment – Method and Safety
   You plan to pay ₹10 lakh total (₹5 lakh to wife and ₹5 lakh for the child). To ensure safety and future proofing, the safest modes are Demand Draft (DD) or bank transfer into the wife’s and child’s names, with clear acknowledgment in writing in the Mubarat agreement. Avoid cash or bearer cheques. Always obtain a written acknowledgment (receipt) from the wife that she has received the entire amount towards full and final settlement and shall have no future claim for maintenance or property.

If the wife refuses FD for the child, you can either transfer ₹5 lakh directly into the wife’s account on behalf of the child, or execute the FD unilaterally in the child’s name and hand over the certificate copy in court, mentioning that it shall mature to the child at 18 or 22 years. The clause should specify:
“The FD of ₹5,00,000 is executed for the welfare and future of the minor child, to be released to her upon attaining majority, and neither party shall prematurely withdraw or claim ownership over it.”

1. Proper Documentation for FD
   Keep the original FD receipt (or digital confirmation), the bank’s covering letter confirming the FD is in the name of the minor with the husband as guardian, and a copy of the same annexed to the Mubarat agreement and signed by both parties. Include a clause that:
   “The FD is made solely for the benefit of the minor child, and this amount shall be deemed to discharge all future maintenance obligations.”

2. Clause for Breach of Agreement
   You may include a penalty clause such as:
   “If either party breaches any term of this Mubarat Agreement, the defaulting party shall be liable to pay a sum of ₹20,00,000 (Rupees Twenty Lakh only) as liquidated damages to the aggrieved party.”
   Make sure this clause is mutual and not one-sided to avoid challenge as unconscionable.

3. Legal Clauses to Prevent Future Maintenance Claims
   Add these essential clauses to protect against future claims:
   (a) Final Settlement Clause:
   “Both parties hereby declare that all their claims for past, present, and future maintenance, alimony, mehr, dower, or any other monetary or property right stand fully settled by this agreement.”
   (b) No Further Claim Clause:
   “The wife shall have no further claim against the husband or his family under any law including Section 125 CrPC, Protection of Women from Domestic Violence Act, 2005, or any other provision, civil or criminal.”
   (c) Mutual Consent and Waiver Clause:
   “Both parties confirm that this Mubarat is executed voluntarily and without coercion, and both waive all future claims arising out of the marriage.”

4. Receipt for Settlement Payment
   You can prepare the receipt yourself. It should be typed on a plain A4 paper and include date, name of both parties, amount received (in words and figures), mode of payment, and a declaration that it is received in full and final settlement. It should be signed by the wife and two witnesses. Get it notarized for evidentiary value (not mandatory but advisable).

5. DV and 125 CrPC Case Withdrawal
   File withdrawal petitions after the Family Court records the Mubarat settlement and grants the decree. Attach a copy of the Mubarat agreement and decree to the withdrawal petitions. You can mention in the DV and 125 applications:
   “The parties have amicably settled their disputes by way of a Mubarat divorce dated ____, hence the complainant does not wish to pursue this case further.”

6. Iddat Period
   In a Mubarat divorce, the Iddat period applies only to the wife’s remarriage, not to the validity of the divorce decree. The Family Court can issue the decree immediately. Iddat maintenance (if claimed) is rarely insisted upon separately if you are already paying lump-sum alimony.

7. Locker and Gold Custody
   Since the locker is joint, your clause that you will relinquish locker access to the wife after the decree is appropriate and enforceable. Before handing it over, take a written acknowledgment listing the items (for example, “30 sovereigns of wife’s gold, 13 sovereigns of husband’s family gold”) and have both parties sign it before two witnesses or in the presence of an officer if possible. Ask the court to record this understanding in the settlement memo to make it part of the decree.

8. Time Frame
   Generally, filing to final decree in Mubarat takes 30 to 60 days, depending on the court’s schedule. There is no need to wait for iddat to issue the decree; the iddat applies personally, not judicially.

9. Future Claim Precautions (Especially When Child Becomes Major)
   To prevent future claims, clearly state in the agreement that:
   “This settlement covers all claims of the wife and child, including maintenance, education, and marriage expenses. Upon the child attaining majority, no further financial claim shall lie against the husband.”
   Ensure that the FD and payment acknowledgments are annexed to the Mubarat petition and recorded in the Family Court’s decree. Keep certified copies of the judgment, payment proofs, and FD for future protection

1. ₹5 Lakh Split (₹50,000 Mehr + ₹4.5 Lakh Alimony): ✓ Valid.​

2. Joint Locker Clause: Will NOT stand. Court cannot enforce one party to "relinquish" a joint locker. Better: Hand over her 30 sovereigns at decree stage with court supervision; keep your 13 sovereigns.​

3. Prevent Future Case When Child Becomes Major:

• Cannot fully prevent—Delhi High Court ruled child's maintenance rights are non-waivable.​

• Minimize risk:

  • FD matures at age 22 (not 18)

  • Add waiver clause: "Full settlement, no future claims"

  • Keep all receipts + FD statements

  • Insurance: Child may still sue if destitute despite FD.​

- You have not mentioned that whether the said agreement would be produced before the Court or not. 

- However, if the Talaq is taking place before the Qazi , then you can submit the said agreement before them for approval 

- Further, the agreement must having clause that the mother is receiving all the expenses including the maintenance amount etc. on behalf of both the children , and hence in future neither she or children will have any claim whatsoever on their father. 

Yes, you can give 4 sovereigns as Mehr and show 9 sovereigns + ₹10 lakh as full settlement. Mention clearly that this settles all maintenance and alimony claims. If wife refuses FD, pay by DD or bank transfer with a notarized receipt on stamp paper.

For FD, state details (bank, amount, maturity) in the agreement and mention it’s for the child’s education only. You can add a ₹20 lakh penalty clause if either party breaches the agreement.

Include a line that this is the full and final settlement and wife will not claim maintenance under any law later.

Gold return should be recorded on stamp paper with witnesses.
Your process is correct ; file Mubarat, withdraw DV & 125 cases, get compromise recorded, then hand over gold and payment. Locker access should be given on final decree day.
Time: about 2–3 months, decree can be passed before iddat if both agree.

Yes, you can show ₹50,000 as Mehr and ₹4.5 lakh as alimony in the agreement ; just state clearly that it is full and final settlement for wife and child, with no future claims under any law.

Your clause about relinquishing locker custody after divorce decree is valid; ensure it’s written that the wife alone will operate and take full responsibility for its contents thereafter.

To avoid future cases (especially after the child turns major), include these points in the Mubarat agreement:

1. Both parties have settled all claims - past, present, and future (under any law).

2. Payment and gold settlement are final and irrevocable.

3. The child’s FD is voluntary and not maintenance; no further claim will arise.

4. The wife and child waive rights to any future claim or property share.

Get the agreement notarized and filed before court with the divorce petition, so it becomes part of the decree ; this will protect you legally from future claims.