Legal Question in Family Law in India
advice
what points should taken care of when there is a mutual divorce bettween two parties and aproceeding under 498 sec are going on and parties have agreed for certain amt of money for the agrement and to finish all cases what points should the boy side should look.
4 Answers from Attorneys
Re: advice
You should make sure that all the issues are settled in the compromise once for ever. It may be better to engage a good family law lawyer who should be able to comprehend all the issues. You may send us a copy of the MoU/settlement for perusal in our office.
Re: advice
There are several points.
Clarification of stri dhan and other assets, gold should be taken care of.
You may contact personally alongwith the details.
Re: advice
My first advice is that before giving mutual divorce the proceeding of 498-A must be completely settled. If there is any financial settlement that should be mentioned in the petition of mutual divorce.
Re: advice
in case its a divorce by mutual consent, the amount needs to be paid in two instalments preferably by way of drafts to be deposited in the court and be released after divorce. secondly, the custody and maintenance of the children and wife also needs to be taken care of in writing. thirdly it needs to be mentioned that all disputes settled. the entire money should not be released unless the f.i.r. u/s 498a is quashed and DV act complaint is withdrawn.
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