Man not coming for sec. motion after mou and withdrawl of 125 and dv.

Guest (Querist) 06 November 2012 This query is : Resolved
what should be done

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ajay sethi (Expert) 06 November 2012
you cant force your husband to attend court . if he is not interested then you have to continue with your case

Guest (Querist) 06 November 2012
Is it not contempt of court ?We signed an mou then acc. to it,we have taken back our cases as said in recorded statement before court and he is not cooperating in filing sec. motion that he was supposed to do as per mou and as was stated before same court?court can not stay blind!

Devajyoti Barman (Expert) 06 November 2012
It is not contempt of court as no order directing the husband to attend the court was passed.
In mutual divorce cases it is regularly happening.
File a contested divorce suit unless he attends in this case on later dates.

Guest (Querist) 06 November 2012
When high court has given decision that if one party has done its obligations ,others will also have to do it as per mou.He has already committed purgery in 125 case by stating in the plaint that he has no income .and later his itrs were ordered by court and his income found by court.There must be some provision to present all this nonsense before court?Afterall it is not a contested divorce. ..what is need of contested divorce?

Guest (Querist) 06 November 2012
Can not we ask him to pay maintenance till second motion happens as it is him who is causing this delay?He cares only for money,may be this will make him decide at right speed:)

Raj Kumar Makkad (Expert) 06 November 2012
Seema! Be cool first and now understand that your husband has committed an offence punishable under section 340 of Criminal Procedure Code and this offence has been committed twice viz. first time when he made statement (either in writing or verbal) before the court that he has no income which later on was found and secondly when he made statement to the effect that he shall file mutual consent divorce within such and such period. You can take separate actions against both these offences as cause of action is separate in both matters.

So far as his non-joining is concerned, Hon;ble High Court of Delhi has recently given a judgment that such party has made fraud with the other which made otehr party to perform its obligation and refrained to follow its own so a FIR under section 420 IPC can be lodged.

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