Mutual Divorce denied after the first motion.
07-Sep-2023 (In Divorce Law)
Me and my wife has been married since 2011 and due to some temperamental differences we got separated in 2017, and started living departed. Since then she has filed CPC 125, 498 A and Dv Act against me. The counseling done in CAW cell and i tried making my point clear that i was harassed by her and i am at no fault, however no one ever tried understanding me and said that i was guilty, now court sessions started. She stated that she needs to settle that mutually, i agreed to it, she demanded a sum of 20 lac i said that cant afford i am rented , My 5 years kid is also taken by her, and then she came up to me settle the things in 5 lac and i agreed to it, MOU was prepared and 13B(1) was filed and was ordered by court wherin i gave 2 lac initially, and it was writtten that she will take the cases off in 15 days. . Now on the DV date she said wih a changed lawyer that she was not aware that it was a divorce and was pushed into it and was ready to return my 2 lac.NOW what shal i do in this
Dear Client
Please read the judgment/order dated 15-05-2018 in Rajat Gupta v. Rupali Gupta Cont. Case. no. 772/2013 of the Hon'ble High Court of Delhi where it has been held that the party withdrawing consent to file second motion has the right to do so. However, the court has also given you liberty to file civil contempt proceedings against her before the Delhi High Court, but the court cannot force her to give consent. I believe if she is ready to give 2 lacs back you should take it and contest the case, otherwise you have an option to file Contempt proceedings against her before the Delhi High Court where you can state that she has wilfully and deliberately disobeyed court approved settlement.
I would be able to advice you much better after looking at your settlement MOU and court papers. Feel free to book an appointment or call for a discussion.
Please read the judgment/order dated 15-05-2018 in Rajat Gupta v. Rupali Gupta Cont. Case. no. 772/2013 of the Hon'ble High Court of Delhi where it has been held that the party withdrawing consent to file second motion has the right to do so. However, the court has also given you liberty to file civil contempt proceedings against her before the Delhi High Court, but the court cannot force her to give consent. I believe if she is ready to give 2 lacs back you should take it and contest the case, otherwise you have an option to file Contempt proceedings against her before the Delhi High Court where you can state that she has wilfully and deliberately disobeyed court approved settlement.
I would be able to advice you much better after looking at your settlement MOU and court papers. Feel free to book an appointment or call for a discussion.
Hi first of all take all the documents from the court find out that what is the actual promblem is There any kind of proof by which she says that the is been pushed into divorce was there any kind of force or so
Your wife initially agreed for a settlement at 5 lacs but now someone might have told her that she can extract much more from you. You have only 2 options. First option is that you take back the money given to her and contest the case on merit. Otherwise if you want to surrender before her then you will have to change your offer with a bigger amount. If you have not done anything wrong then you should contest the case on merits.
Hello client .
I have read ur full complaint which you have written here . I'm which you have Stated tht you have been harassed by your own wife in different ways mentally,physically , and financially as well in court also you have been busy harassed by your wife. In this conditions you should take extreme legal action against your wife so she should not get any sympathy of judges as well you should file a contempt of court in this matter a shout have told overall contempt can be intimated completely.
I have read ur full complaint which you have written here . I'm which you have Stated tht you have been harassed by your own wife in different ways mentally,physically , and financially as well in court also you have been busy harassed by your wife. In this conditions you should take extreme legal action against your wife so she should not get any sympathy of judges as well you should file a contempt of court in this matter a shout have told overall contempt can be intimated completely.
If your wife has recorded in the MOU that she would withdraw the cases and that MOU is part of the first motion order then you can file Contempt against your wife. Further if the order of first motion your wife must have given a statement and undertaking to file the second motion, that can also be taken as a ground of contempt.
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.
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