Hello,

The case will be compromised on the basis of the Settelment deed. The said deed will then form a part of decree.

The deed will be finalized by a lawyer wherein all the required clause as per the settlement will be jotted down.

You will have to get in touch with a lawyer who may help you in drafting the same.

Regards

It should be mentioned that X amount has been accepted by wife in full and final settlement of claim

2) however please note that in event of changed circumstances wife can claim maintenance fir herself and children

Dear Client,

Every such settlement executes on facts which are different from case to case.

Nomenclature - Full and final settlement should be include in agreement and all cases shall be withdrawn,

Payment through post dated cheque, Settlement shall be record in writing attested by independent witness, and copy of same shale be submit in court.

Court order shall be , parties settled their dispute by mutual discussion and once for all one time alimony, no further demands. etc.

You can take the help of my office.

1. file consent terms

2. court will pass a consent order/decree based on the consent terms

3. the court order/decree will be binding on the parties

4. if the party breaches the court order/decree, then the party will invite contempt proceedings against him/her

5. so whatever is agreed between you and your wife, including that wife will not claim any maintenance from you in future, should be recorded in the consent terms

Hello

If you are already divorced then she cannot file a 125 application for maintenance. You must be living separately. If a divorce case is pending What is the status of your divorce case?

An agreement as to the final settlement can be made during the time of permanent alimony.

Regards

This is my response to you:

1. This will not be done only in the affidavit;

2. You will need to file consent terms;

3. Once you file the consent terms, submit the same to the court;

4. The court will pass order on the basis of the consent terms.

You may do the full and final settlement through court with the agreement with wife that she will not claim anymore maintenance for her past, present and future. After majority obviously children's cannot seek maintenance. So no worries

1) If she is working women than she is not entitled for maintenance.

2) Sons after 18 years is not entitled for maintenance.

3) Daughters till marriage of theirs are entitled for maintenance.

4) If you want to go for lumpsum amount mutual consent divorce. We will draft a strong document for you at reasonable rate.

Hi, no court can curtail maintanace rights of children and can restrain it to one time settlement ... The children can ask maintanace till they attain age of majority

Firslty, Sir, I understand the reason why you want a stringent affidavit so to avoid any future problem.

Secondly, there is no need of any affidavit for the same to be signed as I advice you to let the same be decided before the judge only where it has been pending.

Thirdly, and if you go by my words then please make sure that everthing should come in the order of the judge as last and full time settlement thereafter no right for anyone.

1. She has already filed an application u/s125 of Cr.P.C.

2. Execute an agreement by and between both of you duly mentioning, inter alia, that this is the final settlement and she will not ask anything more in her life.

3. Submit the said agreement before the Court hearing the section 125 application filed by your wife and seek consent decree to be passed by the Judge.

4. Please note that even after that she might file an application demanding more amount towards her maintenance from you which you shall have to contest fittingly based on the said agreement.

I think, you must take professional service from a lawyer to get this settlement in between you and your wife drafted. Thus, it is necessary that you take a lawyer on board and tell him/her all the terms and conditions of settlement, so that an agreement is drafted taking into consideration all the eventualities.

See you have to prepare a settlement deed wherein the clause should strictly contain that the wife agrees on her behalf as well as in capacity of the guardian of the children to full and finally settle for maintenance of children and her. She shall not demand any other amount in any of court proceeding after this settlement for her and children.

Based on the settlement deed the court shall pass the order.

You are mistaking.

You need to talk two things:-

1. Your wife to be paid an amount as alimony which will stop the maintenance.

2. The children are you responsibility till they are adult for education and upbringing and in case of girl child till her marriage irrespective of her age.

Your advocate will guide you in respect to alimony affidavit.

1. If she is willing to settle then settlement can be done even during the pendency of appeal.

2. Get the agreement drafted by your lawyer, or if you want a lawyer on this portal to do it then you are free to engage one.

You can file consent terms for settlement before the court. The detailed averments of the affidavit can only be drafted after getting entire case details. You can contact me through Kaanoon for telephonic consultation and drafting for the same.

1. That the wife_(name)_________ agrees not to further persecute the Applicants till implementations of the present Consent Terms and further agrees and undertakes that to the Applicants complying with all the terms and conditions of the present Consent Terms, she will co operate to get all the terms of the settlement being executed and get all the complaints against the applicant quashed. Towards securing the same she will cooperate with the Applicants in preferring all necessary and requisite Applications, Petitions and proceedings. The wife further undertakes to give all necessary consent for getting the present complaint quashed and also agrees to personally remain present during the hearing of such legal proceedings.

2. That the wife declares and confirms that she has no other claims and/or grievances, whatsoever on her own behalf or on behalf of her above said children, against the present Applicants and all the grievances in the present complaint same are now amicably resolved by the present Consent Terms.

3. That in view of the present Consent Terms the wife undertakes not to proceed with the present case and/or file the same application for maintenance again in future.

For this service you engage a lawyer on his terms.

The lawyer chosen will be able to guide you properly as per your desire.