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(Guest)

Breaking mutual divorce terms

Mutual divorce filed in January, Parties agreed to exchange jewelry, girl agree to take just her side jewelry. along with alimony amount of 5.50lac. In the meanwhile husband n wife living together to see if they can reconcile. but in april husband forcefully asked wife to leave his rented home that we should go ahead with divorce. wife agreed n asked for cheque. husband gave cheque but he did stopped payment. wife asked him to give 1st motion cheque along with jewellary but he dint give anything. n now not even giving divorce asking her to take divorce without money or do whatever she can.....now wife need legal help. isnt it a offend of court done by husband by not paying alimony amount exchanging jewellary.....what steps should a wife take now.



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 6 Replies

Have a Heart Foundation (Sales & Mktng)     21 July 2013

 

One can withdraw the mutual consent or mutual divorce application and can separately file for divorce and contest the case. Wife  can also ask for permanent alimony / maintenance and also pray court to pass orders for interim maintenance.


(Guest)

can husband just break the mou he signed in front of judge..boucing the cheque n not returing the jewellary..no legal action can be taken against him

Adv k . mahesh (advocate)     22 July 2013

for your second query the court will not take any legal action for breaching the contract but 

1. you have to approach at the second motion filing a petition that your husband had not paid the agreed amount and the streedhan through your lawyer .

2. your laywer should argue not to proceed with the second motion till your husband pays the remining amount and stipulates time period 

3. if you need any share in your husband property also you can ask for that do not worry about mou now if you want you can ask

4. my advice for divorce means time consuming and also you have to roam courts and no one can expect how much time it will take so tell your lawyer to talk about alimoney and jewellery and proceed for second motion and also in second motion you can stress more amount if you want 


(Guest)
he is not ready to file second motion... only in one condition if i m ready to give me divorce without alimony...he is blackmailing us...what should i do hwo do i proceed have bounce cheque n how can i get part in his property n how long a contested divorce can be dragged

Adv k . mahesh (advocate)     22 July 2013

 

check it out your PM 

T. Kalaiselvan, Advocate (Advocate)     16 September 2013

The mutual consent divorce will be decreed only after both appear before the court on the expiry of mandatory 6 months waiting period and both jointly re-confirm your status to divorce as petitioned.  Here the wife has grounds to reject and decline her status seeking divorce on the grounds that the husband has not obliged his part of performance as was agreed upon in this regards, then the case will be dismissed.  The husband cannot drive away his legally wedded wife out of her matrimonial home, hence  she can squat in the house until she gets the relief sought for, in the meantime, she can also file a dv case  quoting the present divorce process itself as a violence act committed by her husband against her, which stands a ground to compel him to pay the necessary relief sought by her.


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