Legal Question in Family Law in India
how can one time settlement be made?
my husband and i are getting a divorce. he is in america and i am in india. he is offering to pay me a one time compensation which is aggreable to me. i at present stay at his house in india, which he has been trying very hard to get me out of. he now says that he will pay half the amount and that when i leave the house he will give the rest, i dont know if i can trust him to pay the rest once i leave. he too feels that i maynot leave the house once i have the whole payment. how can i get the full amount before i leave and how can he be sure that i will leave. i have no idea of not leaving once the money is paid. i will sign the papers etc, as he is very insistent on getting the divorce and he and his mother have harrassed me a lot over this, i am tired of fighting it any more and am willing to end it. how is it usually done? how long will it take to get a mutual consent divorce, we have been apart for a year now.
5 Answers from Attorneys
Re: how can one time settlement be made?
once you both file a petition for mutual consent, it can be mentioned in the petition itself that before the recording of statement for second motion, he would hand over the balance amount to you in court and in return, you would handover the keys of the house to him before the court and would also give a statement to this effect.
Re: how can one time settlement be made?
you can file a petition for mutual consent divorce and it will take you maximum one year
Re: how can one time settlement be made?
you can file a petiton for mutual consent divorce at teh time of evidence he can pay you the entire amount and you can vacate the house simultaneously and admit teh same before teh court
Re: how can one time settlement be made?
Very simple get a agreement on 100 rs stamp paper duly signed by both parties and then get the same notarized.
Re: how can one time settlement be made?
You may get the mutual divorce in approximately seven months from the date of filing but for that your husband may be required to visit India twice - first at the time of filing for divorce and second time at the time of grant of divorce. In mutual consent divorce petitions, the case is posted for final decision for a date six months later than the first hearing so that the parties may decide about their intentions finally.
PAYMENT/SECURITY : Your husband may make half of the payment to you in advance which may be recorded in the agreement; for the remaining half, he may obtain a Bank FDR in your name which may be deposited in the court alongwith the mutual consent divorce petition to be delivered to you at the time of final divorce decree.
If your husband may want any guidance in this regard, he may contact me in USA.
If he is not willing to make visits to India, we find a solution in USA.
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