Mutual concent divorce - need urgent guidence

She cannot be compelled to sign second motion by the court. It usually happens that the party being compensated is motivated to delay the second motion to make the other side shell out more money. Actually there is no solution to the issue unless she consents divorce wont happen.

Setttle the matter with your wife and get the decree of divorce on mutual consent,pease note with reference below--------A divorced wife has a claim of maintenance which explanation b) of sec.125 Cr.P.C..Even where the marriage has been dissolved by mutual divorce,the divorced wife unable to maintain herself can claim maintenance till she remarry.( Sadasivam Pillai vs.Vijaya Lakshmi 1987 Cr LJ 765 1986 3 Crimes 508 1987 1 Ker LT 381 ).

I agree we cannot force her but my query are specific to the below

1. Can she withdraw concent for 2nd motion without giving any reason ?? will she have to give reason in writting

2. Can she claim more money in court for agreeing to sign 2nd motion?

3. Can the court compel her to agree to terms of the MCD ?

4. can she claim that she now wants to stay with me ??

What should be my best course of action if she does not give me concent for divorce?

do u have settlement deed for MCD?

she cant move out the settlement deed. court have to pass the decree in her absent, but i know court will not do this.

but you can file criminal case against her for not stick with settlement deed.

any how, she cant compell you to live with her,  you have to check your mcd term/condition.

and if she didnt came, and if she taken any amount,,, she have to return that amount

I have the settlement deed in writting and it has been submitted to the court also. However based on many judgements of supreme court i have come to conclusion that we cannot  force her to agree to MCD. My query hence is

1. Can i / court atleast force her to give in writting why is she backing out of MCD ?

2. Can she claim that she wants to stay with me ?? the 498A case is still on ?

3. Can she put a demand of more money to sign 2nd motion in court?

what should be my stand if she does point 2 or 3

Also kindly suggest some good and competent lawyers in lucknow pls

1.No.she can play with you for the next 12 months as MCD 2nd motion can be between 6 to 18 months of first motion.

2.She will have to withdraw MCD & file RCR for that.

3.Yes.she can demand more money in out-of-court settlement to appear for 2nd motion.

You can fight her RCR case & start your divorce case on cruelty grounds.

thanks for your reply, it clear some points

But if first motion is supported with consideration, there are other ways to get divorce and end cases.