Withdrawal of Consent and reopening of case
Knowledge Gainer
(Querist) 08 March 2011
This query is : Resolved
In a matrimonial case filled by wife u/s 13 (1) (ia), she is demanding alimony and maintenance. (Her allegations are fake and frivolous, even she cannot prove cruelty and if she can by gaining sympathy or producing fake evidences than at the same time she had condoned cruelty so she will not succeed). Now after seven months she is ready for mutual consent divorce and send proposal to me that she don’t want anything from me except divorce and she is ready to withdraw all allegations against me.
Earlier also she has entered and notary MOU with me that she don’t want alimony, maintenance or any right, share, interest or title in my property present and future.
Suppose we together file application for mutual consent divorce and get converted present petition into mutual consent. Afterward I, withdraw my consent, in this situation can my wife reopen earlier case or she has to file new petition for divorce? Will she succeed, because if I am giving her mutual consent divorce than she don’t want anything, but if I am not giving mutual consent divorce than she is filling false allegations and demanding money. I want to bring this before the Court, and want to punish her so that in future she do not spoil life of any other male person.
Devajyoti Barman
(Expert) 08 March 2011
In compromise fails then proposals and counter proposals are not taken into account. If you go for mutual divorce she can later file only the case for maintenance , not any other case like one under DV Act.
Knowledge Gainer
(Querist) 08 March 2011
WHEN I AM WITHDRAWING MY CONSENT THAN NO DECREE OF DIVORCE WILL BE GIVEN. ON WHAT GROUND DIVORCE WILL BE GIVEN? I AM READY TO KEEP HER, SHE DON'T WANT TO LIVE WITH ME THAN WHY MAINTENANCE SHOULD BE ALLOWED?
Guest
(Expert) 08 March 2011
maintenance is the right of wife. you always willing to live with her if she lives with you and your case is still pending than also she will get the maintenance regularly except you satisfy her with her wishes for maintenance and then she says in the court that your are maintaining her properly.
