Back step from settlement reached in mediation cell by wife after first motion
Sam 10
(Querist) 05 September 2014
This query is : Resolved
Dear Sir Experts,
I need your help as my wife is not coming for second motion in mutual consent divorce.
Details- We filled mutual consent first motion in February 2014 and 50 % of agreed money was paid and as per the settlement, the second motion is to be filled with in one month from the expiry of statutory period of six months from the order date of first motion.
Which is about to be completed an we have send the papers to her and she is not intending to sign the same,
As per the settlement she has already withdrawn her 498a compliant and dv case and maintenance case.
Dear Experts, please suggest, what can we do to ensure that the settlement is honored and earlier amount was paid in cheque only.
adv. rajeev ( rajoo )
(Expert) 05 September 2014
If she is not attending the mediation then proceed with the case.
Devajyoti Barman
(Expert) 05 September 2014
You can do nothing as far as divorce case is concerned.
However case of cheating can be filed.
Rajendra K Goyal
(Expert) 06 September 2014
If she is nor attending, you may proceed with the divorce case.
V R SHROFF
(Expert) 06 September 2014
RAJ , IN MCD, ONE PARTY CANNOT PROCEED. IT WILL BE DISMISSED AFTER 18 MONTHS...
Dr J C Vashista
(Expert) 06 September 2014
File divorce petition in the same court, mention all facts/events and proceed.
You can also file a petition for contempt of court for committing fraud upon the court and wilful disobedience of Court order.
T. Kalaiselvan, Advocate
(Expert) 09 September 2014
If she has not attended the court on the date of second court may adjourn it to some other day, finally after 18m months of first motion, the court may dismiss the MCD, then you can file a regular divorce petition on the same ground as well as cruelty.
