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Wife not ready for mutual divorce


17-Nov-2024 (In Divorce Law)
My wife and I filed 1st motion for mutual divorce and I gave her cheque but she didn't incash it.Now she is refusing to come for 2nd motion ,so I stopped the cheque of first motion. Can she file cheque bounce case on me? Also in first motion she gave statement that we are separating due to different ideologies but now threatening to file dv and dowry cases. She has no proof what so ever. What should I do?
Answers (5)

Answer #1
918 votes
Hello Sir/mam You can file a divorce as according to grounds for divorce.  You can file a suit for contempt of court against your wife. Contempt of court can be civil or criminal.  You can pursue a contested divorce . you can contact me over phone call for further assistance. Thank you Regards Advocate Kuber Hooda
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Advocate Kuber Hooda

Adv. Kuber Hooda

LawRato Panchkula | 700+ Answers
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Answer #2
552 votes
sir, It is the right of any party in mutual divorce case under Section 13 B HMA that they can withdraw their consent before the decree of divorce is granted. She can do so as it is legal. But she cannot file the cheque bounce case as the same cheque number was mentioned in the first motion statement of both the parties. So there is not any legally enforceable debt which she can claim under cheque bounce case. You can call us for future query.
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Advocate Rakesh Kumar Singla

Adv. Rakesh Kumar Singla

LawRatoJind | 25+ Answers
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Answer #3
594 votes
withdrawal of consent here means marriage is valid. u can file for divorce on other grounds. cruelty etc. even this withdrawal can be the basis of cruelty. dv and dowry cases need not to worry. there is a procedure for that to follow up. u can also file cases against her. stopping payment of cheque doesn't entail any liability if due to dispute u have stopped it. further procedure in technical details u can contact me.
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Advocate Neha Gupta

Adv. Neha Gupta

LawRatoKurukshetra | 100+ Answers
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Answer #4
749 votes
Hello, so as per the question, asked by you generally if the part is not ordering the terms as mutually agreed between you two yes, you would be saving your interest as well and for a checkbox of and there has to be a legal liability or a debt against the check is issued. Please feel free to reach out to us for a better assistance on your issue. Please feel free to call us thank you.
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Dr. Preeti Manderna

Dr. Preeti Manderna

LawRatoPanchkula | 400+ Answers
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Answer #5
884 votes
As there was agreement between you two for the first motion you are liable to pay the amount but it appears that now she get alternate guidance from somebody and try to complicate the matter in order to harass you. You have remedy available for dv act and dowry cases. And also for the cheque bounce case.
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Advocate Shubham Sharma

Adv. Shubham Sharma

LawRatoHisar | 25+ Answers
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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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