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Divorce or maintenance after written agreement.
04-Nov-2023 (In Divorce Law)
Hello,
My wife had filed DV and 125 one year back. Post that we lived together for few months but cases were not closed and after few months again dispute happened and this time she agreed for MCD with one time settlement of 10L and i ve returned everything including jewelry and got everything in written on notarized affidavit with witness and video. Afterwards rather than filing divorce u/s 13B she put complaints against me and family and now not ready to file divorce but trying to get per month maintenance via ongoing cases of DV and 125.
My questions is based on written affidavits can Session court judge help me to get divorce as agreed rather than giving her maintenance.
hello client as you have said tht your wife got agreed fof MCD and taken all her belonging in her custody and also signed an affidavit regarding divorce . so in my view i think yoy need to move to court for getting the things settelled and you can get justice in this matter .
Helpful?
Adv. Vishwanath Pratap Singh
Delhi | 1000+ Answers
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First of all there is no jurisdiction of session Court in your case the divorce case is filed in family court and if the second motion is not completed you will not get a decree of divorce so it's better to see divorce on some other ground like cruelty et cetera. Till the divorce decree is not opting your wife can seek maintenance please elaborate all the points including all the cases pertaining to maintenance, 490 8A, domestic violence et cetera. I have dictated the answers are there may be some typographical error thank you
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Adv. Dev Yati
Delhi | 5+ Answers
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The Delhi High Court, in the last few years has clearly laid down the law in such cases, where the wife doesn't abide to the Settle Agreement/Memorandum of Understanding, at the time of obtaining divorce. Since mutual divorce requires free will and consent of both parties, you cannot compel her to take a divorce. Instead of this, the aggrieved party has been given certain rights which can be exercised in such a situation.
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Adv. Rohan Sharma
Delhi | 200+ Answers
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