Dipak
(Querist) 25 July 2013
This query is : Resolved
Pls. give reply after reading & considering following old query: http://www.lawyersclubindia.com/forum/Withdraw-consent-in-mcd-u-s-13b-may-amount-to-fraud--83847.asp#.UfDEudJHJOI The M.C.D. petition u/s.13B of H.M.Act has just presented in Court. Husband has not given oath/statement in front of Judge after presenting MCD petition. So, the first motion petition has not successfully passed. And husband withdraws his consent from MCD before passing first motion. Que-1: Is it husband guilty of contempt of Court in this matter as he has broken the terms of agreement of mutual consent divorce? Que-2: Is it amount to breach of trust by husband? If yes, Can husband punish under breach of trust ?
Dipak
(Querist) 25 July 2013
@experts, In past query,It is mentioned that it is agreed in notarised divorce agreement on stamp paper that the application of complain against husband in police station would be taken back by wife if husband gives consent divorce.But,if husband withdraws his consent from MCD,is it not amount to breach of trust by husband to wife as in past,husband agreed in notarised agreement for divorce after withdrawal of police complain by wife?
ajay sethi
(Expert) 26 July 2013
notarised agreement for divorce has no value .
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