Wife refused to sign 2nd motion papers and blackmailing what to do
27-Mar-2023 (In Divorce Law)
Hi My 1st motion was filed 7 months ago. The settlement amount was Rs 22 lac and all gold i had to give her as per MOU of mediation center of high court. I have followed all the point of MOU word by word and she has not followed any of the MOU terms till date. As per MOU i had to give her 2 lacs before 1st motion and i gave that in time. then the bank locker was operated and she took all the gold as per MOU. I have paid child's fee (8 yr old) as per MOU for the last one year. Now at the time of filing the 2nd motion she is coming up with new demands of asking extra money and new T&C. I refused, & i want go ahead as per the MOU agreement.I want to know what all cases can i file against her now and what ll cases can she file against me now, As she defaulted in agreeing MOU every time,She also mentioned to the advocate that she wants to come back and its a NO from my side.I want to go ahead with divorce & want to file harrasement case in addtion to cases as per law on her. Kindly suggest
Hello,
For the query you posted, I would suggest the following:
Contractual terms as settled between the two of you have been flouted which can dwell into breach of contract, if taken ahead.
Over the issue of harrasment a Domestic Violence complaint can be filed against her as per the recent supreme court judgment wherein a case need to be built up accordingly.
In the limited facts provided, I hope this answers your query.
Regards.
M.Faris
Advocate
For the query you posted, I would suggest the following:
Contractual terms as settled between the two of you have been flouted which can dwell into breach of contract, if taken ahead.
Over the issue of harrasment a Domestic Violence complaint can be filed against her as per the recent supreme court judgment wherein a case need to be built up accordingly.
In the limited facts provided, I hope this answers your query.
Regards.
M.Faris
Advocate
Hi, retracting from MOU and coming with new demands is cruelty as given in various judgments of High and Supreme Court. She may go with only frivolous cases but you add one more ground of cruelty to present Case. Further, you also proceed with contempt etc. proceedings.
As per the Supreme Court's judgement retracting from MoU signed by both the parties in divorce amounts to cruelty and thus, you can file a divorce case for the same, also, you can initiate a contempt of court proceedings against the wife. (This has been recently allowed by the Delhi High Court).
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Divorce lawyers for your specific legal issue
No Comments! Be the first one to comment.
- Breakage of marriage after engagement
- Please suggest on the query, if any advocate is using abused words
- Options of divorce for a filipina outside Philippines & marry in india
- Please suggest on the below and advice on how to proceed
- regarding moving abroad while on 498-A case without taking permission
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."