Wife deny for second motion of mutual divorce

881 votes

U will send a legal notice and file recovery suit or filed quashing before the hon'ble high court against the settlement deed and if the hon'ble high court observes she backout from settlement deed and not signed the 2nd motion the hon'ble high court quashed the F.I.R

Advocate Anjali Dhawan LawRato

535 votes

Hello! Before proceeding would like to correct you here that I am not a "Sir" but "Ma'am" . Moving ahead with your query, I shall answer your question step wise;
1. Do not worry about the money part as, in case you need to pay her any money as per the Court order in any other case , the amount that you have already paid shall be set off against the remaining. Having said that, the mutual divorce will attain its finality in your case only after rest all cases have been quashed against you , as that must have been one of the terms of your mutual consent.
2. In case she withdraws the second motion then, you may go ahead with your contested divorce and rest all the cases will proceed accordingly(if not quashed until then) , since the reason behind the agreement on quashing of other complaints/FIR and the disposal of your Contested Divorce was subject to the "Terms and conditions agreed upon" in your mutual divorce petition and if that becomes infructuous then so does the consequential agreements.
3. You may carry on with your divorce petition if your mutual fails , and if that has been disposed off due to the mutual having been filed , then you may file your divorce afresh on one of the grounds amongst many others.
4. Also there are other legal remedies but that shall depend upon the facts and circumstances of your case.
For any further query you may contact me.

Advocate Ritagya Riti Singh LawRato

750 votes

In a Divorce by mutual consent, both the parties have the freedom to withdraw their consent as the consent cannot be taken by coercion.However, If you and your wife had entered into a settlement agreement while filing the divorce by mutual consent whereby the In mutual consent divorce petition there is no exparte order is delivered by the court.The court is bound under such circumstances not to grant a decree of divorce. After the dismissal of mutual divorce petition either party can file divorce under the ground of cruelty or other grounds for getting divorce under HMA act.or any other grounds like cruelty; desertion; voluntary sexual inter-course with another person; the other spouse being of unsound mind; conversion of religion by the other spouse; Leprosy; venereal disease; a spouse having renounced the world or being missing for a period of more than 7 years.
If you are not appearing before the court on the date of second motion, the court may give one more chance by posting it to another date and if still fail to appear on the second date too, then the court may decide to dismiss the petition
If acting on the settlement you have made any payment, you can file a complaint for cheating on your wife.

Alternately, the remedy available to you is to file a Divorce petition under any of the grounds mentioned under Section 13 of the Hindu Marriage Act, 1955. This would be a contested petition and may take a much longer period for you to get Divorced as compared to your current petition under Mutual grounds wherein the time taken is 6 months under normal circumstances and 18 months under other circumstances related to your case.

Advocate Vivek Chadha LawRato