Arvind Singh Chauhan (advocate) 10 December 2010

IF WIFE DOESN'T FOLLOW AGREEMENT

Respected seniors,
Parties have agreed and singed before the Allahabad HC mediation and conciliation center, that wife has received full and final Rs 4 lac. and within 15 days of this agreement both parties shall file petition for divorce on the ground of mutual consent at Firojabad.

Now wife seems to be reluctant to file this petition. What should husband do, if she does not follow the agreement. Whether he can file divorce on the ground of such cruelty. How court shall rely on husband's prayer that his wife is not following the agreement signed before HC.

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2 Replies

Kirti Kar Tripathi (lawyer) 10 December 2010

in case the parties entered into an agreement and one party has obtained benefits under the said settlement thereafter is declining to perform the other condition of the said agreement, the aggrieved party has a right to get enforced the said agreement through court. a can not take advantage of a condition of the agreement and refute other conditions under the law. In the present case, the aggrieved party may approch the High Court for direction to direct the lower court to admit the settlement and pass order on the basis of compromised between the parties.