Wife ditched me in mutual consent divoce
Sachin mali
(Querist) 19 March 2014
This query is : Resolved
I’m Sachin,
After 1.5 yrs of separation and later 1.5 yrs legal fight of crpc 12. Judge asked me to settle the matter before final order.
I agreed for 6 lakhs complementation for mutual divorce (13 B).
Both agreed for terms and conditions at counselor’s mutual agreement and later 13B application. In agreement opposite party has not reverted back 125 crpc saying once u paid all money on the same date we will revert it. So I finally submit 4 lakhs DD in fervor of Judge. And assured undersigned for rest 2 lakhs tuque on last date of decree.
Judge too gave us 4 months cooling period saying both cases (125 & 13 B)are under the same court, so getting benefits of 4 months.
And got the blank date for crpc 125 case and 2nd motions final date after 4 months (both on same day __ Mar 2014).
Now I heard from reliable resources that the girl party is not coming on second motion. They may again complain to judge that me & my family is threatening them that I will spoil girls life. Which absolutely false.
They asking more money than 6 lakhs.
My lawyer is telling me, Judge will not do injustice to you. U have finally agreed truly that jewelries at ur end & that will not make more difference.
Now he is suggesting we will fight more case till end …
What should I do now ?
Will the Judge start my 125 case again or will give me next date again ?
In 125 application I was denied that all jewelry is in her custody but in 13 B petition I agreed that I will return her jewelries on last date. But now she has ditching me How to save me as I lied in 125 case ?
Will court file case against me for lied in court in 125 case ?
I‘m too much confused… please guide me.
Devajyoti Barman
(Expert) 19 March 2014
If the compromise fails the court has no option but to star trial again.
Such statement would not count if compromise fails.
Do not negotiate with that lady anymore. The more you would talk, the more would be her demand.
Sachin mali
(Querist) 19 March 2014
For how long I have to wait for her appearance in 13 B case ?
ajay sethi
(Expert) 19 March 2014
if your wife does not appear on next date court will grant another date . maximum period is 18 months from date of filing of petition for MCD . if your wife comes on next date and informs court that she does not want divorce by mutual consent case would be dismissed
Rajendra K Goyal
(Expert) 20 March 2014
You should wait till next date, don't believe in the hearsay, if she does not appear the trial would be restarted.
Biswanath Roy
(Expert) 20 March 2014
Don't chase after hearsay or run after whims wait and see the result of amicable settlement then proceed further according to situation and law. If the opposite party files any false case to harass you ,you can counter attack also.
T. Kalaiselvan, Advocate
(Expert) 23 March 2014
You wait and see what she does on the next date of hearing, if she is going adverse, fight it out with tooth and nail.
