B Das (Personal) 13 August 2014

Mutual consent divorce

I & my wife have filed for mutual consent divorce in Jan 2014. But she is not appearing for the dates given for final hearing at court. In the application/ agreement for mutual consent divorce we have mentioned a one-time permanent settlement of Rs. 6 lacs for herself & our son, out of which she has taken Rs. 2 lacs as advance.

Please note that 4 years ago she had walked out of my home out of her own free will & had filed case in 498A. Against which I had filed divorce case due to her cruelty. Legal war went on for 4 years after which we both agreed to divorce by mutual consent as mentioned above.

We have a 10 year old son who is my wife's custody. Please advise what all could be the outcome in case my wife does not appear at court on any of the hearing dates allotted by court within 18 months from the date of application. How should I safeguard myself against her malicious intentions? Isn't there any law in India which can stop immense torture of a man in her wife's hands? I am bankrupted due to the long court cases & emotionally completely drained. Please help.

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Originally posted by : B Das
	I & my wife have filed for mutual consent divorce in Jan 2014. But she is not appearing for the dates given for final hearing at court. In the application/ agreement for mutual consent divorce we have mentioned a one-time permanent settlement of Rs. 6 lacs for herself & our son, out of which she has taken Rs. 2 lacs as advance. Please note that 4 years ago she had walked out of my home out of her own free will & had filed case in 498A. Against which I had filed divorce case due to her cruelty. Legal war went on for 4 years after which we both agreed to divorce by mutual consent as mentioned above. We have a 10 year old son who is my wife's custody. Please advise what all could be the outcome in case my wife does not appear at court on any of the hearing dates allotted by court within 18 months from the date of application. How should I safeguard myself against her malicious intentions? Isn't there any law in India which can stop immense torture of a man in her wife's hands? I am bankrupted due to the long court cases & emotionally completely drained. Please help.

If she does not turn up for dates, the MCD case will eventually be dismissed. You are just fooled of 2 lac rupees. These are the possible things in your case. Eventually if you still want divorce, then you have to apply once again for it in FC. This time it will be contested divorce and case will run for minimum 6-7 years. You will stand to lose 2 lac rupees and also perhaps end up paying monthly alimony to your wife and kid. Not to mention a host of false cases that your wife might file against you. That means warrant will be issued, you or your parents might have to face arrest and eventually end up behind bars, secure bail, come out and face such cases till they get over. Immense torture is common for indian married male. You dont have any option other than to suffer.

B Das (Personal) 13 August 2014

What is the remedy?

K.P.Satish Kumar (Advocate) 22 October 2014

If your wife dosent appear before the court for other hearings the court automatically dismiss the mutual consent petition. in this situation you can file divorce under the grounds of cruelty and dissertion.

Daniel & Daniel

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