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Advice required for contested divorce
11-Apr-2023 (In Divorce Law)
18 months back Couple has filed for mutual divorce after separation of 1.5 years.Total tenure of marriage is 7 years.First motion has been done eighteen months back.Afrer 18 months from first motion,On the final date of second motion husband withdraw the concent and case got dismissed.Wife has already taken alimony amounting Rs 20 L during first motion only.There were no cases like DV,498 a etc before filing of mutual divorce and it is clearly mentioned in agreement that husband and wife will not file any cases in future and wife will not claim any maintenance.Need your able guidance on following points
1) On what grounds wife can get divorce
2) Can wife put any sort of 498a,dowry,DV cases on husband to get divorce because there is separation of 3 years during which no complaint has been filled and mutual divorce also got dismissed
3) Can police register the complaint after gap of 3 years.If case has been filed.What will be standing of theses case in court due to 3 year gap
wife simply can file a divorce case on grounds of cruelty, as on 2nd motion if the husband refuse to give his consent for mutual divorce it is a cruelty from his part against his wife. There are clear chances for winning of wife in this case. She can file DV case now as well both are seperated since long. And getting mentioned in the agreement of Mutual Divorce that wife will not file any case in future got frustrated as husband did not give his consent further in the case for second motion.
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Adv. Anand Bali
Delhi | 100+ Answers
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your agreement for mutual divorce was valid only if the mutual divorce had happened however as you said husband withdrew his consent therefore the said agreement is not binding on you anymore
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Adv. Amit Kocher
Delhi | 25+ Answers
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once the husband has withdrew himself from the divorce proceedings the divorce become void.
1) yet the wife can move forward and knock the doors of the court to carry out one sided divorce and since the couple's where residing separately from each other for a period of 1.5 years she can take a divorce on this ground.
2) the probability of wife filing any case against the husband after signing the mutual consent divorce stating that the wife cannot claim any maintenance would have been held valid if the divorce was successful. since the petition has been withdrawn by one of the party the petition stands void.
1) yet the wife can move forward and knock the doors of the court to carry out one sided divorce and since the couple's where residing separately from each other for a period of 1.5 years she can take a divorce on this ground.
2) the probability of wife filing any case against the husband after signing the mutual consent divorce stating that the wife cannot claim any maintenance would have been held valid if the divorce was successful. since the petition has been withdrawn by one of the party the petition stands void.
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Adv. Megha Mary Thomas
Delhi | 100+ Answers
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hello client
as you have mentioned in above case you have given details. so i must say there is lot of things ehich got developed in the case as the consent has been withdrawn by the side of your husband.
in this manner there can be a lot of problems. which can created for you from the side of your husband as well as the money can also be asked back from you from the side of yr husband still there is a hope tht i can hell you out in this matter. still there is hope that you can get freedom from ur husband in the form of decree of divorce. but for tht you need to take immidiate action against your husband.
as you have mentioned in above case you have given details. so i must say there is lot of things ehich got developed in the case as the consent has been withdrawn by the side of your husband.
in this manner there can be a lot of problems. which can created for you from the side of your husband as well as the money can also be asked back from you from the side of yr husband still there is a hope tht i can hell you out in this matter. still there is hope that you can get freedom from ur husband in the form of decree of divorce. but for tht you need to take immidiate action against your husband.
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Adv. Vishwanath Pratap Singh
Delhi | 500+ Answers
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hello sir, it doesn't matter whether the mutual consent was been filed 3 years or 4 years ago. since the petition was been cancelled she sustains to be your wife and if any such crime has been done against her she can file a case regarding the same.
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Adv. Megha Mary Thomas
Delhi | 100+ Answers
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