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Mutual consent divorce - all money paid - wife is not appearing
20-Mar-2023 (In Divorce Law)
We have filed mutual consent divorce under section 13b in July 2018. After 6 months, our date was in Jan 19. We paid her everything, cash, jewelry and other things. She is not appeared before court twice. She is harassing. I live abroad and every time I am visiting India for the signing.
1. Can family court issue summon notice to her asking her to come to appear as we have filed mutual consent?
2. Is there any judgement on this subject from any court?
3. Is there any way I can get divorce without further harassment?
4. Me and my family want to come out of this without filing further cases on them as we want peace of mind.
To be able to respond to your query, I believe we have to check the contents of your “Settlement Deed” of MCD and only then any suitable advice can be given.
Since the response won’t go if it’s below 200 words, so let me take the opportunity to wish you well.
Regards
Since the response won’t go if it’s below 200 words, so let me take the opportunity to wish you well.
Regards
Helpful?
19+
19+
Adv. Khalid Akhtar
Delhi | 100+ Answers
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Dear Client,
This really hardship for you and your family, but the game she is playing need to be strictly dealt with , and why not your lawyer taking into such concern.
did you paid her entire amount by the order of the court or through the court., you have not made it clear here.
Only , mutual divorce has been filed or she has filed Any other case against you and your family ?
You may contact and provide me power to appear in the your case. I hope this case must be dealt better.
Further, You may have legal advice by contacting me.
Thanks
This really hardship for you and your family, but the game she is playing need to be strictly dealt with , and why not your lawyer taking into such concern.
did you paid her entire amount by the order of the court or through the court., you have not made it clear here.
Only , mutual divorce has been filed or she has filed Any other case against you and your family ?
You may contact and provide me power to appear in the your case. I hope this case must be dealt better.
Further, You may have legal advice by contacting me.
Thanks
Helpful?
10+
10+
Adv. Sanjay Kr. Jha
Delhi | 200+ Answers
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sir, with all due respect, yours is not the first case where the wife has been harassing and acting in a bad manner after agreeing for a divorce with mutual consent. you have various remedies available with you.
Helpful?
23+
23+
Adv. Rohan Sharma
Delhi | 200+ Answers
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Hi,
You already must have an advocate pursuing your case? What’s he’s opinion?
Mutual divorce means every term has to be well documented, agreed and signed. I don’t know what your advocate advised you.
Feel free to consult for further legal consultations.
You already must have an advocate pursuing your case? What’s he’s opinion?
Mutual divorce means every term has to be well documented, agreed and signed. I don’t know what your advocate advised you.
Feel free to consult for further legal consultations.
Helpful?
12+
12+
Adv. Kabir Hazarika
Delhi | 100+ Answers
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So there is recent judgement which says that a family court can not ask the person to come forward for the mutual consent.
She has a right to withdraw the consent at any time before the Divorce decree pass
As per Delhi High court judgement
All you can do is file a contempt petition in Family court or in High court.
and it is categorically laid down laid down in this judgment that the defaulting party must have to return the benefits and advantages that were taken from the terms of the settlement or given at the time of the first motion. It simply implies that the case or status would go the same stage where it was prior to the execution of the agreement or statement given during first motion under section 13(B) (1) of the Hindu Marriage Act. In legal parlance, it may be understood as ‘status quo ante’.
Regards,
Aman Chawla
She has a right to withdraw the consent at any time before the Divorce decree pass
As per Delhi High court judgement
All you can do is file a contempt petition in Family court or in High court.
and it is categorically laid down laid down in this judgment that the defaulting party must have to return the benefits and advantages that were taken from the terms of the settlement or given at the time of the first motion. It simply implies that the case or status would go the same stage where it was prior to the execution of the agreement or statement given during first motion under section 13(B) (1) of the Hindu Marriage Act. In legal parlance, it may be understood as ‘status quo ante’.
Regards,
Aman Chawla
Helpful?
13+
13+
Adv. Aman Chawla
Delhi | 25+ Answers
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