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Q. Suggestion

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Anonymous

posted 7 months ago

Q.Suggestion
Sir my wife file complaint case 498A 494 120B and 406.Now she wants to withdrawal it on condition.
1.One time settlement of Rs 15 Lakhs
2.My Land and House will be remain with her
3.Custody of Children will be with her ( 14 and 15 Yrs age of children)
4.I will not make any claim in future.
We both mutually file Divorce case. But in last hearing Magistrate make objection by saying maintenance for children is not mentioned.
Please suggest me other way.

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Shanti Ranjan Behera

Experience: 22 Year(s)

Responded 7 months ago

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A. ) Dear Sir,
The interest of the children should be taken care of at least for their education and in case of girl for her marriage.
Find out a good Advocate from your Area or ask the help of vidhikarya.com to protect your interest.
Shanti Ranjan Behera
Advocate

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Randheer Bahadur

Experience: 3 Year(s)

Responded 7 months ago

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A. ) You should work out a way with your wife and deposit some fixed amount in the name of both children for education and marriage, yes the children will be staying with the mother but include visitation rights if you want for yourself all this should be done with help of a local or any capable lawyer.

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Sanjay Kumar Jha

Experience: 17 Year(s)

Responded 7 months ago

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A. ) Dear Client,
You have mentioned that there is mutual Divorce, one time settlement is 15 lakhs, which perhaps you accepted as it seems. But, whether you have opposed for your land property or not , you are not making clear here. About your children are minor hence court can fix lum sum for each or jointly . See , all could have been mutual settlement regarding all sitting with your lawyer with your wife or her representative, if any one of her side.
How ever you should oppose for all before decree for divorce. All depends on your financial and salary and nature of job or business.
Further you may consult for the same legal resolution.

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Rameshwar Dadhe

Experience: 2 Year(s)

Responded 7 months ago

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A. ) If u are ready to it then good for you . Or file divorce by mutual consent u will get divorce in just six months

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Shreyash Mohta

Experience: 1 Year(s)

Responded 7 months ago

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A. ) Sir, Firstly

1. If you have already agreed to the above terms and conditions and are ready to divorce mutually on the above terms and conditions then it is not a big deal.
2. The magistrate has asked you to mention about the maintenance of the children because they are minor and are entitled to maintenance.
3. You can amend the petition and add another clause which deals with the maintenance of the minor children.
4. after such specification [which the magistrate has asked for] there should not be any further problems.

Hope this helped
Shreyash Mohta

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 7 months ago

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A. ) Dear Sir,
You may mention that clause regarding maintenance to children since in your interest you must close down such issue now itself otherwise your wife may again file another petition seeking maintenance for children.

For full procedure contact me on mobile through Vidhikarya.
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Please visit the following link.

https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07

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