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How to dissolve divorce proceedings by giving alimony
28-May-2023 (In Civil Law)
Wife filed suit for specific performance against husband .Suit decreed with cost and now RSA pending in high court. Wife is also granted maintenance under d/v and 125 crpc. Now husband approached for compromise in hight court and agreed to pay one time alimony and get divorce by mutual consent. Bu he want that wife should help in allowing RSA pending in the high court. Is it necessary to allow the RSA or matter can be settled with compromise agreement as wife will not press for decree. Kindly advice ? Kindly advice alternate that wife can get cost of the suit as well.
Firstly for a petition of divorce by mutual consent to be accepted, the couple should be separated for over a year or two years (as per the relevant act) and be able to prove that they have not been able to live together.
To evaluate the alimony, there is no specific amount as quantum of compensation in a mutually consented divorce. As the term suggests it is to be decided on consent of both the parties. Alternately you will need to file for independent divorce and file a separate petition seeking one time alimony.It will take six months for a mutually consented divorce to be decreed.
With respect to the RSA, it is not necessary to allow RSA since both the spouses have agreed to settle with compromise agreement and wife will not press for decree, the RSA will not hold any value as both parties will not be aggrieved. Therefore, by virtue of the compromise agreement the RSA will automatically be put to an end on the ground of the compromise agreement.
To evaluate the alimony, there is no specific amount as quantum of compensation in a mutually consented divorce. As the term suggests it is to be decided on consent of both the parties. Alternately you will need to file for independent divorce and file a separate petition seeking one time alimony.It will take six months for a mutually consented divorce to be decreed.
With respect to the RSA, it is not necessary to allow RSA since both the spouses have agreed to settle with compromise agreement and wife will not press for decree, the RSA will not hold any value as both parties will not be aggrieved. Therefore, by virtue of the compromise agreement the RSA will automatically be put to an end on the ground of the compromise agreement.
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Well the specific performance of suit has not been revealed in detail,whether the suit for performance has been filed related to property or something else? However ,if you compromise any matter, kindly look into the details,wherein you are not adversely affected,if you have a decree from the trial court and husband had gone ahead in regular second appeal against the decree, then Lookout for the consequences in allowing that regular second appeal.You have to be cautious in allowing the regular second appeal, I would suggest your husband should withdraw the appeal and compromise the matter under the provision of order 23 rule 3 of The Civil Procedure Code.
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Adv. Pradeep Kumar Khatana
Gurgaon | 25+ Answers
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Your query is not very clear. However, I would recommend that the rsa be settled as if it is not, the decree being appealed against will once again be in force. The matter can be settled amicably under order 23 of the cpc by furnishing a copy of the settlement agreement to the court.
Regards,
Aditya
Regards,
Aditya
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Adv. Aditya Bhagat
Gurgaon | 25+ Answers
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