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Procedure to file for contested divorce on refusal for mutual divorce.


21-Nov-2023 (In Divorce Law)
Married at temple Chittoor. Date 18.11.2015. Onlylthree days she stayed at my home.. We have misscunications she went to home town she died 498a and dvc case against me. Then I gave one lakhs ruppes and 400grams of gold to her and she signed for mutual concern. She said withdraw all case and she didn't. Mutual concern cool period is over know she didn't attend too court know.. She is living with another person we have a aviedice of photos and videos of her with boyfriend... Mutual concern know at these month 30..know she is saying that she will not give divorce its seems. She taking revenge on me. We have video of signing mutual concern and taking money.. My she did not attend to court for mutual concern help me out.
Answers (2)


LawRato

Answer #1
615 votes
If the second party withdraws from second motion even after the first party has fulfilled his part of the agreement for divorce, it amounts to cruelty. In your case, as you have already given one lakh rupees and also given 400 gm of gold, you have already fulfilled your conditions. Now if she withdraws from second motion, you can file for divorce on the ground of cruelty. Apart from that you also have evidence that your wife is living with her boyfriend so you can also take the ground of adultery for divorce.
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Answer #2
918 votes
surely you can file a criminal case under Section 494, 420 of IPC later on with the said criminal case details you can proceed further in divorce matter , you have to file a private complaint/case before court of law
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