Showing posts with label compromise. Show all posts
Showing posts with label compromise. Show all posts

Thursday, 5 October 2017

She does not know the truth

She came to her advocates through Free Legal Aid having case of her matrimonial life.
Case is that she was Hindu and her husband was Muslim, her marriage was performed with him as per Sikh Religion Rites.
After marriage, her husband lived in her parental house and as she told, he made contribution in making constructions on her parental house.
So, life passed by and after 5 years of marriage, she was blessed with a child.
But, things changed in her life drastically and he left her without any rhyme and reason.
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Now, she has come to the Court for taking divorce from him and the Compromise and Divorce Petition is formed.
As, she is living with her mother, she is not earning a single penny for her livelihood, due to the fact she was not trained to live in that way. It is a sad truth in our system that we do not train our girls to become independent.
But the real problem is that, she is not having knowledge with regard to the judicial system in India, i.e. actually the compromise held in her and her husband is that, she will sell her parental house, keep 4/5th portion of sale consideration and will give 1/5th to her husband. Moreover, as she is not an earning hand, so she cannot take care of her only child, resultantly, she has to give her child to her husband.

Only by these conditions, her husband is ready to sign the divorce petition.


My question is that, why she is not informed about her stand in judicial system and why she is kept away from her rights by not disclosing the real facts, Acts and law?

Friday, 6 January 2017

Affidavit for Compromise in FIR – Complaint – Case – Suit



AFFIDAVIT
I, ____________ son of _____________ resident of ______________________________, do hereby solemnly affirm and declare as under:- 

1. That a case/FIR/Complaint No. _____ dated _________ was registered U/s _______________ at Police Station ____________, on my statement against ________________________________. 

2. That now with the intervention of the respectable, a compromise has been effected both the parties and I do not want to further pursue with the above noted case/FIR/Complaint and has got no objection, if the above said case/FIR/Complaint is cancelled/quashed/withdrawn. 

3. That I undertake to make the necessary statement for cancellation/quashment/withdrawal of the case/FIR/Complaint, before the Police or before the Court as and when required to do so.
Deponent

Verification:-
 
Verified that the contents of the above affidavit are true and correct to the best of my knowledge and nothing has been concealed therein.
Verified at _______________  on: _______________

Deponent