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Agreed in SC about filing mutual divorce but husband delaying it
25-Jan-2023 (In Divorce Law)
A mediation happened in Supreme court where it was agreed between both the parties that they will file Mutual Consent in Bangalore and transfer petition from wife was disposed off, it has been 3 months and Husband is not coming forward for filing the first motion and just to avoid any legal actions against him, he sent a draft copy of mutual consent petition and not responding for filing it in Bangalore. Kindly suggest the possible actions wife should take without losing more years as she has been going through this litigation process for 3 years?
If an undertaking was made by the parties before a Judge, then you may file a petition for contempt of court which will then compel the party to comply with the decision reached before the mediator. However, if contempt charges cannot be made out then you would have no course of action as it is up to the parties to file for divorce by mutual consent and either party can chose not to move forward at any point of time (before filing the second motion and the decree being granted). If contempt cannot be made out then you will have to move an application before the family court to change the petition from one of mutual consent to one of contested divorce on grounds such as cruelty, desertion etc. Feel free to get in touch if we could be of any further assistance to you.
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Adv. Sudershani Ray
Delhi | 200+ Answers
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