Legal Question in Family Law in India
My friend's wife had filed crpc 125 case in gujrat porbandar court. under that she got Rs. 5000/- maintenance.we are living in mumbai.
Due to her harrassment my friend left his house. after he left she has filed a Domestic violence case against his entire family including my fiancee.
Now his family is in trouble. i wanted to help my friend's family.I talked to my friend's wife's lawyer for settlement.He is ready for settlement with 5 lacs Cash and withdraw DV case.But he wants all cash in advance before withdrawing the case.Is it safe to give cash in advance or we should go for DD/Cheque with some conditional stagewise payment ?
If we go for settlement then she must withdraw all her cases and also give divorce to my friend.
My problem is we don't know where abouts of my friend so how divorce will be possible ?
Also what will happen to judgment of the earlier crpc 125 case order of 5000/- ? can the judgement be withdrawn ? if yes what is the procedure ?
Please suggest what should i do? I am totally confused.
3 Answers from Attorneys
Entrust an advocate for payment security. If 125 CrPC order is exparte order, set aside it and file joint memo otherwise your friend have to file 127 for cancellation
i wuld suggest if u have to go for settlement u shuld go through court .... both parties can ask in the court to settle the issue there whatever will happen that will be under observance of court
It is always wise to have settlement through court and not otherwise .
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