Mutual divorce - 2nd motion.
Gaurav
(Querist) 03 October 2012
This query is : Resolved
hi all,
My first motion order was 2nd April'12, and according to that we can file petition on or after 2nd Ovtober'12. I already paid more than 75% of settlement money also all the articles as per court order.
Can she betray now?
As now when my lawyer tried to call them they are not picking call and also not calling back.
Do we have any option other than this?
FIR also needs to be quashed after this.
At the time of FIR quashing I have to pay rest 25% of amount.
Please help & reply.
Regards,
Gaurav
ajay sethi
(Expert) 03 October 2012
if she changes her mind you wont get divorce by mutual consent . wait and watch . send a letter to her by regd post pointing out the facts that you have paid her 75%of settlement money .
on basi s of settlement terms file for quashing in high court
Sanjeev
(Expert) 03 October 2012
This is a general tactic followed to get some extra money ideally she would come for the second motion but if she changes her mind then also you would get divorce basis the settlement agreement entered in which the payment of alimony would be documented. Stay little calm at this moment and hopefully your second motion shall happen without any issues.
Tajobsindia
(Expert) 03 October 2012
Simply file an Misl. unilateral Application before same Court stating these facts and her resile and let Court send her a Notice and like @ Sanjeev said you will definitely get decree in divorce if you have honored your part of the Agreement and same is on material file of the court. HC’s are very strict on such matters.
Shantilal Pandya
(Expert) 04 October 2012
you can also rescind the settlement and claim refund and damages through a separate suit on the ground of betrayal of legal obligation, recent marriage laws amendment bill is providing for taking care of the problem stated by you in which case the court can grant decree of divorce notwithstanding the fact that one of the spouses withdraws from the agreed settlement
Guest
(Expert) 04 October 2012
If she withdraws her consent before the second motion you won't gt divorce as in mutual consent divorce the consent of both the spouses has to subsist till the second motion.
This being said, her withdrawal of consent will not hinder the HC from quashing the FIR against you if you have partly performed your part of the promise and are willing to perform the other part.
Ashish Davessar
Advocate
Supreme Court of India
Punjab and Haryana High Court
JANAK RAJ VATSA
(Expert) 07 October 2012
go for the quash in the high court since you have fulfilled your obligation. it is only her dilatory tactics blocking the way
