Settlement through mediation
Raj
(Querist) 28 October 2012
This query is : Resolved
I filed divorce case in Mumbai Family court a year back. After mediation now the settlement agreement is signed and sent to court by Mediator. Affidavits are also signed by both me(petitioner) and my wife (Respondent)with form duly filled for converting divorce petition to by Mutual consent. Now Respondent is finding some excuses to withdraw her consent.
Is this possible and can this be consider as contempt of court ?
ajay sethi
(Expert) 28 October 2012
no wife can withdraw the consent before divorce is granted by mutual consent . it does not amount to contempt of court
Devajyoti Barman
(Expert) 28 October 2012
Before its final acceptance it could be withdrawn by any if the parties.
This is not a contempt of court either.
Raj
(Querist) 28 October 2012
Thanks for the information. Do the mediator comes again in to the picture ?
ajay sethi
(Expert) 28 October 2012
no . since your wife has withdrawn consent case will proceed on merits .
Raj
(Querist) 28 October 2012
Thanks. My final query is , I had offered to pay X amount as a full and final settlement amount. This is not valid now and in future when case is contested on merit do I have any obligation to pay this amount even if divorce is granted on my favour ?
ajay sethi
(Expert) 28 October 2012
no the offer was made on the basis that divorce would be by mutual consent .
it seems your wife is angling for a better deal . she may have been advised by her lawyer that if she waits she can get a better deal from you .
if diovrce is not by mutual consent then it may take some years atleast in mumbai .
Raj
(Querist) 28 October 2012
Yes sir this is what exactly happening. But I am fully prepared as I know her intentions. Unfortunate part is that we are now also living under same roof. Interim application moved in court but it is not yet come for argument. Petition is based on Adultery and Crueality by wife ?
Kiran Kumar
(Expert) 28 October 2012
adultery is one of the toughest grounds to prove...ensure proper evidence.
