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Advice for terms and condition for 2nd motion in settlement deed
02-Feb-2023 (In Divorce Law)
Our case is in mediation in Punjab and Haryana High Court and both parties has decided for mutual divorce. I am having Sec 125, DV and 498A case pending against me. During mediation, i feel doubtful that wife may not give me divorce as she was resisting the idea of divorce and after taking first motion money, she will not appear in 2nd motion. What should be mention in Settlement deed to make sure if she does not come , i will still be granted divorce
The presence of both the parties is necessary on the second motion of mutual divorce. If you want her to come in the second motion then you can add a clause in settlement deed that all the cases pending before me should be abolished in the first motion itself with some alimony to her and the rest money demanded by her to be given on second motion.
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Adv. Jitender Singh
Delhi | 1000+ Answers
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Sir as you said that your 498 a case is pending before the mediation sale of the High Court since you both had agreed to go for mutual divorce. You also said that you are afraid of the fact that your wife may not cooperate in filing of the second motion after having taken the the money in the first motion of the mutual divorce. I would like to inform you that the law as declared by the honourable Supreme Court says that if the wife wishes not to proceed with the second motion of the mutual divorce then she has all the right to do so and she cannot be pressurised in any manner two go ahead with the mutual divorce. If that happens, the mutual divorce petition Ma get frustrated And you may not be granted divorce ex parte. As far is the cases which are pending against you are concerned those will Keep running. But that does not mean that you do not have any remedy against such actions of your wife. You do have certain legal remedies which you may exercise and we can discuss those in a meeting.
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Adv. Rajnish Kumar Singh
Delhi | 100+ Answers
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Make the payment in two instalments and mention that she undertakes to cooperate for both the motions. Moreover if the matter has been settled before High court mediation cell then the report made therein would be significant. For any further legal assistance please feel free to contact
Thanks
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Adv. Bhawana Pandey
Delhi | 1000+ Answers
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