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Husband denying share as per agreement of mutual divorce. What to do?
27-May-2023 (In Divorce Law)
My daughter's husband is refusing to give her the property share as decided during the 1st motion in their Divorce proceeding. The 1st motion of their mutual Divorce was done a month ago and her husband was to transfer a share of property in her name within 10 days of the 1st motion as per the MOU signed between them.
He initially tried to delay and now is refusing to transfer the property share. What legal action can be taken against him?
Your daughter has entered into a valid MOU that was signed in the presence of the two witnesses, whereby the transfer of the share of the property and the other terms and conditions of separation were enumerated in the said MOU.
In view of the said facts, it is submitted that your son-in law has violated the terms of the agreement and we suggest you to file an application of contempt against your son-in law. (This has been recently allowed by the Delhi High Court). Accordingly, the court will issue a notice to your son-in law and proceed with the matter.
In case during your Divorce proceedings under Divorce by mutual consent, your son-in law withdraws his consent, then the alternate remedy available with you is to file a Divorce petition under any of the grounds mentioned under Section 13 of the Hindu Marriage Act, 1955. This would be a contested petition and may take a much longer period for you to get Divorced as compared to your current petition under Mutual grounds.
Kindly contact us for any further details and action.
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Adv. Sudershani Ray
Delhi | 200+ Answers
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