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Dharmendra (-)     17 May 2011

Divorce by Mutual Consent

Dear Experts,

I have filed divorce case under mutal consent. During consent we have agreed to return each other belongings and other material stuff.

As per consent I have paid money and return her jewellery, but when it came to her she refused to return the jewellery and claimed as her "Sridhan". At the same time I have refused to return her other belongings. After some discussion, she ready to pay some amount prior to decree of divorce and she has drawn a posted cheque (lying with her advocate) and based on cheque xerox i have returned her belongings and took the acknowledgement of receipt.

The same matter was brought to the conseller knowledge also during personal meet.

Note: The cheque drawn by her father and even acknowledgement of return of material signed by her father.

My Question:

1. Can she withdraw mutual consent?

2. If she does not pay, do I have any option to enforce? What willl happen to case?

3. Do the judge has authority to stop the decree of divorce and under what circumstances.

Do advise and thanks in advance for your valuable inputs.

 

 



Learning

 2 Replies

Jamai Of Law (propra)     18 May 2011

Very sad to know this, frankly.

 

 

But It is a case of due diligence here ..............  a party in bilateral transaction doesn't safegard oneself !!

 

 

It depends on the drafting of your joint motion for consent.

 

 

But in your case, it seems that (unfortunately) consent was allowed to be withdrawn at the behest of either party.

 

Dalip Kumar Chhabra (Advocate)     18 May 2011

Mr. Dharmendra, Do'nt loose heart. There is a Judgment in your favour also. Bring all the mischief in the knowledgeof the court with a request to withdraw your consent and try to procure orders from the court.  Symultaneously file a criminal misc. application under section 340 Cr.P.C. complainaing all the mischiefs for enquiry at court's end with request to get register a criminal case u/s 120 B, 384 and for mischief etc. under criminal law against your wife , her father and parents as well. 


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