Divorce and confetion

Sheetal Dedhia (Querist) 16 September 2011 This query is : Resolved
My friend has filed divorce petition on the ground of cruelty. In her petition she has made fake and frivolous allegations about dowary, beating and metal & physical harassment on her husband and in-laws. Earlier she had entered into MOU that she want divorce only nothing else and returned all belongings of husband against exchange of her belongings and accepted that henceforth no right of streedhan on husband's belongings as well as no right of any maintenance along with alimony. She has also accepted in MOU that she has no allegations against husband as she want divorce.

Now for money she has filed present petition. Her husband is a good man and being aggrieved he ready for fight in the court. He has no advocate appointed in the court and defend himself his own. Now after one year my friend has no evidence and witness and not able to fight further. She was to settle the case and want divorce under MCD. But husband insist for confection before court and until that he is not ready to give divorce. If my friend accepts his condition than court may take action against her for perjury and husband may also take action for defamation.

Is their any way to compromise or accepting this into the court so that my friend don't suffer any consequences? My friend has no father alive and no brother and sister. She has only her widow mother in her family.

Please reply. Thanks in advance.

Follow Query

Report Abuse

M/s. Y-not legal services (Expert) 16 September 2011
If the wife filed a divorce petition mean the burden of proof is her side only. I mean she have to proof those allegations which is content of her divorce petition.. As per your statements your friend have a good case. He can prove his innocence as well as her false case.

M/s. Y-not legal services (Expert) 16 September 2011
On the other hand, out of court settlements regard alimony is not a matter to claim maintenance after divorce. She can claim through court of law after divorce.

prabhakar singh (Expert) 16 September 2011
It seems there is petition of divorce on either side as you state your friend has been
defending his case on his own but now unable as a stage of evidence has arrived but he has no witnesses to prove his case is a problem.
his wife is ready for MCD but out side court.
he wants in court.

No divorce of any nature can legally take place outside court is the confirmed position of law.
Hence his wife should be convinced with the legal position and MCD should be moved in court.No alternate is there.

kuldeep kumar (Expert) 16 September 2011
i think wife want to fetch as much money as c can outside court but husband is feared becous its outside court.mutual consent is not outside court settlement rather inside court.decree shall be drawn up on which u get endorsed following things past present and future maintenance has been given to wife.do not forget past future written.many womens r cunning

Darshan Shah / 09892727182 (Expert) 16 September 2011
First and foremost are you sure that your friend has filed the petition against her husband? If that is so then ask her to consult a good lawyer who can convince her husband for MCD, and not to drag, else if the husband proves her wrong the consequences for her in the court of law would be bad as her case is based on false allegations.

Sheetal Dedhia (Querist) 16 September 2011
Wife has filed divorce petition and husband is respondent in this case. For money wife has done this. Now it is boom rang on her. Husband knows very well that she is not able to prove her allegations so he insist for confection before court.

In fact both are ready for divorce and get convert into MCD with condition by husband that she confess in the court. Husband is not ready to listen. Wife is taking consecutively fourth adjournment for producing evidence in the hope of some miracle. She go for 15 days adjournment while husband take one month time period for adjournment.

Can she accept in the court in some colorful way that allegation were wrong so that she will not come under trouble and face perjury and defamation?

prabhakar singh (Expert) 16 September 2011
Doing so will not save her from legal consequences.As you have a good case remain stayed on your legs,do not cow down to her demands.An unconditional MCD may be assented to by husband after due clarification of alimony and maintenance,be it past ,present or future,and also about custody of children and their upkeep if there are any.

Guest (Expert) 16 September 2011
What is the harm in accepting her mistake and making confession by simply stating that she made allegations under some misunderstanding? That would be more serious, if her husband proves the case filed on false grounds and he himself launches a case of persjury against her.

Raj Kumar Makkad (Expert) 16 September 2011
I do agree with experts.

girish shringi (Expert) 17 September 2011
I do agree with experts.

Divorce and confetion

Similar Resolved Queries :