One time settlement & procedure for mutual consent divorce

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This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 6 days, 13 hours ago.

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  • #3382

    Hi,

    I am 35.6 years and my wife is 35 years. We got married in Nov 2016 and are separated since Jan 2017. I am B com hons while my wife is mba, I dont have any property in my name, my wife’s brother has flat in his name, my wife’s brother is also divorced. She was working before marriage but I am not sure if she is working since separation

    My inlways are asking for divorce and One time settlement. Seeing their behaviour and so many lies I am not sure how to go about Mutual divorce and one time settlement, how I should trust them, they are asking money before filing mutual divorce petition, also if I am able to negotiate and do it in 2-3 parts, will it happen through court? If payment is not through court What is the next best alternative? MOU?, Is MOU legaally valid

    What if they take 2 instalments and then do not agree to move ahead with mutual divorce and file some false 498/DV on me?

    Also I want to understand can 498/DV be filed after divorce? Can she ask for more money as alimony etc after divorce is granted?

    Kindly let me know best way to protect myself so I can proceed accordingly

    Regards,

  • #3389

    Firstly, let me point out that in case husband and wife are not able to live together and want divorce, the best remedy of course is the mutual consent divorce with one time settlement.

    Generally, it is the husband side, which requests for mutual consent divorce. In your case, this offer is coming from your wife side, so it is rather a good thing for you, and you may agree to it, since otherwise, the wife side would generally file cases under Section 498-A IPC and domestic violence, etc.

    Do not doubt everything. It does not help. Once your wife side is itself offering you the option of mutual consent divorce with one time settlement, it perhaps shows their good intention. If you do not agree, what is the other better option for you, given that you also do not want to live together?

    For that matter, any agreement or MOU can be breached or violated. That does not mean that people would never enter into an agreement or MOU under the fear that it is likely to be breached tomorrow.

    Do not agree for paying the full settlement amount in the beginning in one instalment. Insist for 3-4 instalments; one at the time of MOU, second at the time of filing of mutual consent divorce, the third at the time of the second motion of mutual consent divorce, etc.

    Get the MOU signed in presence of some respected witnesses from both sides, who may act as a sort of guarantee, though it may still be not a perfect guarantee that such MOU would not be violated. But, then what is the better option?

    If possible, have mediation through Mediation Cell of the High Court or District Court, as the case may be, possibly with court intervention. Try to enter into MOU through such mediation.

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles.

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