IF WIFE DOESN'T FOLLOW AGREEMENT

Querist : Anonymous (Querist) 10 December 2010 This query is : Resolved
Respected seniors,
Parties have agreed and singed before the Allahabad HC mediation and conciliation center, that wife has received full and final Rs 4 lac. and within 15 days of this agreement both parties shall file petition for divorce on the ground of mutual consent at Firojabad.

Now wife seems to be reluctant to file this petition. What should husband do, if she does not follow the agreement. Whether he can file divorce on the ground of such cruelty. How court shall rely on husband's prayer that his wife is not following the agreement signed before HC.

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Adv Archana Deshmukh (Expert) 10 December 2010
The wife still cannot be forced to sign the MCD. However, in my opinion this can be an instance of cruelty along with other evidence of cruelty, if any.But solely on this instance the court may not grant divorce. Let us see what other experts say..

Praveen Kumar Tewari (Expert) 10 December 2010
In the process of mediation, when agreement signed by the parties before mediator and the agreement sent before referral judge for sign as decree the terms of agreement are binding on the parties. After decree no appeal lie before any court.
In my opinion, if the wife does not follow the terms of agreement husband may file petition before Hon'ble referral judge against his wife for breach of contract and seek mandamus against his wife.

Devajyoti Barman (Expert) 10 December 2010
Nothing could be done to get the wfe ready for compromise unless she agrees on her own. However that amount of Rs 4 lac would be taken nto account if the wife chooses to file a case for maintenance/alimony.

Rajeev kulshreshtha (Expert) 11 December 2010
I agree With Adv. Archana

s.subramanian (Expert) 11 December 2010
I agree with Mr.Barman and Adv.Archana.

Kirti Kar Tripathi (Expert) 11 December 2010
n case the parties entered into an agreement and one party has obtained benefits under the said settlement thereafter is declining to perform the other condition of the said agreement, the aggrieved party has a right to get enforced the said agreement through court. a can not take advantage of a condition of the agreement and refute other conditions under the law. In the present case, the aggrieved party may approch the High Court for direction to direct the lower court to admit the settlement and pass order on the basis of compromised between the parties.

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