satyen gadhvi (income tax department) 24 September 2013

Divorse settlement

Due to non-compatibility with my husband his family settled for divorce and gave me x amount as settlement. then they filed a divorce petiton and also made me sign on agreement while giving settlement amount. Now my husband has withdrawn the divorce petition and demanding court to direct me to go back again and live with him. Neither me nor my son wants to go back. What is the consequence of his petition? what should I do? Because I know he will keep harassing me.

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5 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 24 September 2013

if you don't want to live with him, consult a lawyer and file petition for divorce in the court as you have already received maintainance amount. this is for sugeestion only.

adv.raghavan (Advocate,9444674980) 24 September 2013

u didnot tell us how long your case was pending in the court,your husband cannot withdraw his petition,if it with in 18 months without your consent,because u both have applied for mutual divorce,either u have missed the date of hearing or u have failed to attend,so it was a easy job for your husband,if ur husband is not willing to go for mutual u can go divorce under sec 13 of HMA on grounds of cruelty.

(Guest)

Lagta he pagal insaan he. He gave you money made u sign on the paper, and then he withdrew the divorce petition now asking court to direct you to come n live with him? Its just my personal opinion. ONe step forward and two step backward = doomsday. Stay away from this person, he will be a pain in the arse for you as well to each and every person associated to him. By the way, no court can force you to go and stay with this fickelminded character.

Ms.Nirmala P.Rao (CEO) 24 September 2013

Dear Client,

You can file a petition/application in the divorce proceedings that your husband is bound by the terms of settlement deed arrived at by both of you in the earlier divorce proceedings and he is using coercion etc is to nullify the earlier Settlement Deed etc and pray the court for granting Divorce on the ground of cruelty, irreconcilable differences etc between you and him etc. Divorce on the ground of "Irretrievable breakdown of marriage" bill is pending in the Parliament, Once it gets passed by the Parliament it'd become a lot more easier for harassed spouses to go for divorce etc.

Ms.Nirmala P.Rao

Legal Expert

(Guest)

Agree with the reply of above experts...

1. You can make the MOU to stand infront of the court and seek remedy by other means like his fraudness,mental cruelity and desertion which can't be rebult.

2. Your husband seem's like an exceptional husband as no husband will call back her wife after signing MOU and giving money for MCD and forgeting the settlement amount.It seem's he has lot's of money