Withdraw consent in mcd u/s.13b may amount to fraud?
Dipak
(Querist) 05 July 2013
This query is : Resolved
Husband does not want divorce after notarising agreement/MOU of divorce and agreement of giving and taking ornaments back which taken and given during marriage and after entering M.C.D. petition u/s.13B in family court. It is agreed in divorce agreement that the application of complain against husband in police station would be taken back by wife if husband gives his consent of divorce.
If husband withdraws his consent from M.C.D.,Que.1:Can wife file contested divorce petition against husband on the ground of cruelty using the agreements as evidences? Que.2: On this ground, can court grant divorce? Que.3: Is it an offence of cheating/fraud under Indian Penal Code in this matter? Que.5: The notarised Non-Judicial stamp paper is valid evidence in Civil and Criminal Case?
Raj Kumar Makkad
(Expert) 05 July 2013
No person can be compelled to get the mutual divorce. Husband if is not agree, can withdraw from the consent. The wife can in that event file a contested divorce. There is no guarantee for contested guarantee.
Rajendra K Goyal
(Expert) 05 July 2013
1:Can wife file contested divorce petition against husband on the ground of cruelty using the agreements as evidences?
_ Wife can file contested divorce petition. She can use agreement as one of the grounds.
2: On this ground, can court grant divorce?
- Depends on the court and merit of the case.
Que.3: Is it an offence of cheating/fraud under Indian Penal Code in this matter?
- Consult a local lawyer with all the documents.
Que.5: The notarised Non-Judicial stamp paper is valid evidence in Civil and Criminal Case?
- It may be an evidence if proved by secondary evidences.
