Withdrawal of consent terms from family court

Pradyot (Querist) 15 February 2015 This query is : Resolved
Can a female spouce withdraw a divorce petition filed in family court with both consent after accepting one time allimoney from husband through family court.
If she did so can husband get one time money paid to her back from spouse?
What is the remedy to see that divorce is complete in all respect so that she can not withdraw the consent from court

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Devajyoti Barman (Expert) 15 February 2015
Yes, she can do so.
Te husband can not take back the amount as the wife is entitled to alimony and the amount paid so far is dded to have been adjusted on that account.
There is no way one can remove this possibility.

Rajendra K Goyal (Expert) 15 February 2015
Yes she can.

Recovery through a civil suit may be possible provided terms in the Mutual Consent Divorce drafted accordingly.

P. Venu (Expert) 16 February 2015
What do you mean by"If she did so can husband get one time money paid to her back from spouse?"

ajay sethi (Expert) 16 February 2015
if wife has with drawn consent after having accepted alimony take out application for contempt of court

ADV-JEEVAN PATIL, MUMBAI (Expert) 16 February 2015
withdrawal of consent after accepting alimony agreed and paid will constitute contempt of court. Take up issue with HC for contempt

Dr J C Vashista (Expert) 17 February 2015
The wife may take a "u" turn from her consent for greed.
The amount paid is legally recoverable, file suit for recovery.
Although the wife has committed contempt of court and the husband can move yet Contempt is just a pressure tactics.

T. Kalaiselvan, Advocate (Expert) 19 February 2015
The contempt may not be liable but money suit can be filed for recover of the paid amount since the breach of agreement was committed by her/him.

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