File mutual divorce and widraw all cases and settlement

611 votes

you should be taking care of property maintenance assets salary proofs uns under of salary maintenance my family stanle matters at the time you can pay during the pending court case to have a divorce settlement deed

Advocate Spiti Sarkar LawRato

904 votes

First of all you should ask her to end the case filed by her, after that you should file a divorce case by mutual consent in the family court and the money, goods etc. given by you should be mentioned in that case and words like lump sum maintenance should be written in it and only half the money should be given first through demand draft, in this way you can easily divorce your wife.

Advocate Umesh Yadav LawRato

910 votes

mediator ki baat bhi sahi hai,but aap chahe to sara amonut ek sath dd banwake court ke naam se divorce case filing time pr court me submit kr skte hai ,aur condition mention kr skte h second motion pr after divorce judgement k baad court se amount recive kre,

Advocate Sushmita Mishra LawRato

951 votes

Dear Client, In a mutual divorce settlement involving a financial payout, it is crucial to ensure your legal protection through a comprehensive Settlement Agreement. This document must explicitly state that the agreed amount is the 'full and final settlement' of all claims, including alimony, maintenance (past, present, and future), and property rights. To prevent future litigation, ensure the agreement includes a 'No Further Claims' clause, barring her from filing any civil or criminal cases (such as under Section 498A or domestic violence) against you or your family. Crucially, the withdrawal of all currently pending cases should be a prerequisite for the payment of the final installment. All terms must be recorded before the Hon'ble Court during the statements for the second motion to ensure they are legally binding and provide you with permanent closure.

Advocate Sudesh Kumar LawRato

790 votes

In mutual divorce matters, settlement terms must be very carefully drafted to avoid future disputes. You should ensure the following key clauses are properly included in your settlement agreement: First, clearly mention the total settlement amount and payment schedule. It is advisable that part payment (like 50%) is given at the time of filing mutual consent divorce (first motion), and the remaining amount is paid at the time of final hearing (second motion), preferably in court. Second, include a “full and final settlement” clause stating that the amount covers all claims such as maintenance (past, present and future), alimony, streedhan, dowry articles, etc. Third, there must be a clause that the wife will withdraw all existing civil/criminal cases (if any) and will cooperate in quashing of FIR, if applicable. Fourth, include an undertaking from both sides that after settlement, neither party will file any future case or claim against each other or their family members regarding this marriage. Fifth, ensure a clause for return/exchange of belongings (if any) is included. Most importantly, do not pay the entire amount in advance. The balance amount should be paid only at the time of final divorce (second motion) in court. Proper drafting of settlement deed is crucial, so get it vetted carefully before signing.

Advocate Aprajita Shukla LawRato