I am a Muslim a DV case was going against me for 9 years in First Class Magistrate court. Now before argument my wife’s family has approached for a settlement and we are going towards a settlement. First Class Magistrate court on hearing about settlement has moved the case to CJM court. 1) Usually which court cases are moved and is it possible to get divorce without filing a mutual consent divorce from court. What is the procedure? 2) I have to give certain amount of money to my wife so how it have to be given bank NEFT,DD or cheque. 3) I have a minor daughter and have to give her also certain amount should it be in form of FD in the daughter’s name. 4) There is also gold in locker that belongs to both the parties so gold should also be distributed. After 9 years there case doesn’t stand so they are closing it. I am arranging all these funds through loans so I want to be cautious of completing these without further issues. Want to know what are the steps or things I should take while doing this as the other party is very cunning.
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enter into khulanama by mutual consent . you can register the khulanama
2) money should be placed in fixed deposit in daughter name
3) khulanama should mention gold has been handed over to wife
4) in alternative you can enter into consent terms and file it in court
You can file mutual divorce for the same
you can give it through banking channel
yes through FD to child
that gold can be distributed as agreed between you parties
1. The complaint under DV Act can be heard by the First class Magistrate , and may be due to a settlement only the case has been transfer to the CJM.
- If both the parties are agree for a settlement and divorce, then you can take mutual divorce on the ground of Mubarat or Khula.
- The court can direct both the parties to take divorce as per Muslim law out of the court in the presence of two witnesses.
- However, if matter not settled then a divorce petition can be filed before the family court for getting even Mutual divorce.
2. On settlement generally payment through cheque not accepted , and hence you will have to pay the amount via DD or NEFT
3. Better fixed amount in the name of daughter
4. This depends upon the settlement , however any jewelers items received by the woman at the time of marriage is considered as her STRIDHAN and the husband has no right to claim over the same.
The divorce case can be filed by her in the family court (not in the CJM court) or being Muslim she can take khula or you both can go by dissolution through mubarat as per Shariat law. As the settlement is taking place the best possible manner to dissolve the marriage is by mubarat (which is a mutual consent divorce).
Before that you can enter into a memorandum of understanding by reducing all the conditions and terms to writing and make the payments cautiously
Dear client, as you are making a settlement the court had sent the case to the CJM court. YIf both parties agree on a settlement and divorce or you can seek mutual divorce on the basis of Mubarat or Khula under muslim law.
You can give the amount to your wife via DD or online payment or cash.
For your child make an FD on her name.
The gold has to be distributed accordingly in equal manner.
1. Divorce will have to be obtained through court only.
2. Give a DD and obtain receiving
have an expert lawyer by your side who carefully drafts the separation/settlement agreement
My Wife was working when she filed a DV case and as soon as I bought the details of her job before the court. She left the job having salary of 45000 per month in 2016, produced her leaving certificate and got an interim maintenance of Rs 7000 to my wife and 3000 to my child. During her cross examination she told she was not working in 2021. but I was able to find her job location asked the court to summon her employer and get her salary details. The employer has produced her salary and admitted she is working in their company. Now I am planning to file a 340cprc case on her. But my lawyer says 1)We should give the case only after the final decree not now. As the case will only stand if we give it after the final decree is it true? but in interim maintenance case, I had to give the maintenance from when the case started about 8lakh rupees 2)he is telling how we can decide if she cheated the court as the court has still not approved the details given by her employer. So, if the employer gives the details still the court needs to approve? how we can find it if they have approved it or not? we can give the case only after its approved? I think he is preventing us from filing the case
If wife has made false statement on oath you are at liberty to mage application under section 340 cr pc
2) mo need to wait till final decree
3) employer has admitted that your wife was working during said period
1. The payment of interim maintenance is a different subject to that of you proposal to file a perjury case.
Even if you file the perjury case now it will be of any benefit to you because this will not come to your rescue to stop paying the interim maintenance payment. You may have approach the high court with a revision petition to set aside the orders for interim maintenance for the reasons you rely upon.
2. The court will pass the judgment based on the documentary evidences you have filed out of which the employer's details about her employment will be counted as a valid document to decide about grant of maintenance to her
1. Since, the employer has produced her salary details before the court , then you can file a complaint under section 340 CRPC for deposing falsely and filing a wrong affidavit before the Court.
- You should file the said application during the trial of the case and before passing the final decree.
2. Not mandatory , and even before passing any order by the court , you can file the said compliant /application.