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Refusal to execute terms of mutual divorce christian how to proceed
05-Jul-2023 (In Divorce Law)
Mutual consent petition filed. Christian religion. Wife wanted divorce because of husband's adultery. Husband opted for MC petition for sake of family honor. Husband agreed to a gift deed of a property in minor's name as part of divorce settlement to be held in trust till minor turns 18. Wife in good faith closed the husband's housing loan of 80L by other loans she took and sale of her jewellery as part of her agreed terms. Husband is the only earning member. Child support or maintenance not asked for. Wife the sole custodian and guardian of minor child. The husband now the date of second motion has come refuses to execute gift deed. The husband had prior intention of not executing it as known from an intercepted phone call before the petition was filed in court. Is such refusal cheating and wilful intent to fraud the other person?
If have a documents to show that your husband's loan was closed by selling your jewels and by your personal loan then you can file the MC case before the family court for maintenance for you and the child and as well to recover the amount paid by you as per the terms of the mutual agreement. In case, if he is refused to give consent to mutual divorce then the court may dismissed the petition filed by you on the ground of refusal of Your husband.There after you can file petition for divorce on the ground of adultery and cruelty against your husband. One or other ways the remedy is available. So engage an counsel and contest the case definitely you can succeed the case on merits.
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Adv. Selvaperumal
Chennai | 100+ Answers
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If the husband is going against the undertaking given by him in the divorce petition, then the wife need not attend the mutual consent hearing on the next date. If the wife does not attend the case hearing then the case will get dismissed. Also the wife can attend the hearing and inform the Judge that the husband is not fulfilling the terms of the Divorce petition. later on we can think of filing cases for cheating, fraud etc. If you are in Chennai, you can contact me for a detailed discussion so that I can give a clear and proper guidance.
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Adv. Suchit Palande
Chennai | 200+ Answers
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