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My Mediation is going on matrimonial cases (Divorce, 498a, DV,, Mnt), if i agree to give articles along with some amount, i want to make sure after receiving articles wife should not turn back from the settlement. After settlement i think following will be the steps- Settlement signed, all cases withdrawn, 1 motion, 2 motion, quashing FIR. We may need to give all articles first then, amount in 3 parts. i have few questions-- 1. We are living separated since 10 years, so second motion can be waived? 2. What type of document, or foolproof procedure should be followed, so that wife cannot deny receiving or object anything from the articles to break the settlement later? 3. After signing the settlement and taking first installment, if wife do not appear in court to withdraw cases or for 2 motions etc, what are the legal options to safe guard husband? Can the litigation will be automatically end in absence of wife?
The second motion may be waived if both parties agree, and the court may grant it after assessing the situation. To avoid future disputes, a written agreement should be signed along with a receipt of articles. If the wife does not appear after signing the settlement, you can file an application with the court to proceed without her. The litigation may continue or be dismissed based on the court's decision. For further legal assistance contact us on our helpline number.