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Divorce settlement through court mediation
29-Oct-2023 (In Divorce Law)
My wife filled 498a & Restitution case against me and I have filled a divorce case in Bangalore. We failed to negotiate during mediation, but now ready to go through mediation again as we negotiated out of the court and agreed a settlement. But opposition asks for interim settlements to close 498a and restitution case first. Then finally to pay remaining amount at the time of divorce. Can they breach the mediation agreement made in court? If they don’t give divorce after taking money what to do?
Dear Sir,
You are correct. In many cases it has been happened. Better pay 20 percent to close 498A and Section 9 RCR case. Then go for final settlement. Or deposit 100 or 90 percent in the court to be released only on final settlement and withdrawing both cases.
You are correct. In many cases it has been happened. Better pay 20 percent to close 498A and Section 9 RCR case. Then go for final settlement. Or deposit 100 or 90 percent in the court to be released only on final settlement and withdrawing both cases.
Helpful?
Adv. Kishan Dutt Kalaskar
Bangalore | 500+ Answers
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in the mediation report let all things be mentioned, for 498 a you have to approach the high court to get the closed, further in the restitution case and divorce case can be closed simultaneously if they are in one court, rcr will be dismissed and divorce will be granted, it is necessary that you mention everything in mediation report/ agreement regarding the payment and closure of 498A, maintenance issue and RcR case, as it is submitted in court it can be mentioned that if the wife withdraws the consent for divorce she shall refund the amount immediately on her withdrawal of consent or if she changes her stand.
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Adv. Bharat Narasgouda
Belgaum | 500+ Answers
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