Restore 13a after 13b failed , do i need to file a fresh case ........
20-Jan-2023 (In Divorce Law)
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Shashant
If wife denied in 2 motion of 13 B and we have made the Payment thru Bank draft the how can I recover money from Wife Just because she denied second motion or No attended 2 motion of 13 B?
Reply by
LawRato
Mutual consent divorce also requires the parties to make a settlement agreement, which is a legally binding contract that aims to resolve all the disputes among the parties, such as maintenance, alimony, child custody, property rights, etc. A settlement agreement is made in advance and approved by the court before granting the divorce decree. A settlement agreement helps the parties to be content with the outcome they have chosen and avoid future conflicts.
If one of the parties breaches or violates the settlement agreement, then the other party can take legal action against them. For example, if the wife denies or does not attend the second motion of mutual consent divorce after taking money from the husband under the settlement agreement, then the husband can file a complaint before the court and seek enforcement of the agreement. The court may direct the wife to return the money or pay interest or penalty for breach of contract.
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