Divorce/498a

Querist : Anonymous (Querist) 08 September 2011 This query is : Resolved
My wife filed 498A a year back after that I applied for Quash in HC where we arrived at a settlement basis which the FIR and subsequent proceedings were quashed by HC. The whole settlement that includes that our divorce is effective the date of Quash but still we should obtain a formal decree of divorce from the competent court.

Know it has been 6 mths that she is turning up and not coming to apply for MC divorce. It is a violation of what was agreed. what is the remedy to get divorce. The HC order already says that it is effective .... date which has passed by 6 mths now.

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Raj Kumar Makkad (Expert) 08 September 2011
You can file a petition seeking contemp of court against her before HC if she despite of your written notices, has not turned up before court for filing mutual divorce petition.

Querist : Anonymous (Querist) 08 September 2011
I havent sent any notices it was through calls that I asked her to appear for filing but she is not reponding to my calls.

Devajyoti Barman (Expert) 08 September 2011
If that settlement is not made in writing or the high court did not direct the parties to make the settlement, Then I am afraid you can do nothing.

Querist : Anonymous (Querist) 08 September 2011
The settlement is in writing it states that MC petition should be filed in ..... court by this date but that date has passed.

Raj Kumar Makkad (Expert) 08 September 2011
It is better to send her notice to come present on a certain date, time and plaace for filing mutual divorce petition in compliance to HC judgment/compromise. If she avoids such notice 2-3 times then go to HC as advised.

prabhakar singh (Expert) 09 September 2011
Calls will not do sent notices by registerd a/d or speed post and if remains uncomplied approach again to the high court for further direction.

Jitendar Kumar gupta (Expert) 12 September 2011
This is clear contempt of court. File a petition in the high court and then every thing shall be alright.

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