dear friends,
my case is peculiar, please read the following sequence:
1. I am the husband and My marriage was done under the Hindu Marriage Act in both family's presence on 21Dec2008.
2. Due vast differences and frequent arguements and mistrust we filed a mutual consent divorce in Family Court in Sept 2017 with a detailed consent with regards to child custody (towards mother till 12yrs of age) , financial maintenance etc.
3. After the first motion, a wait period of 6 months was given and I appeared after 6 months; March2018. Wife chose to remain absent. Therefore, adjourned by a month.
4. Wife remains absent for next 2 hearings in Family court.
5. Aggrieved, I appealed for an exparte order in line of SCI judgement of an exact case passed in its powers.
6. The Family court exhibited their inability to pass the exparte as it said it didnt have the powers to confer the exparte judgement which was the SCI.
7. therefore, due point 6 above, I had the case dismissed to file a writ appeal in High court.
8. High court heard the matter and send summons to the wife. She remained absent. My appeal on lines of SCI judgment was reasserted. another one month was given for Wife appearance.
9. Meanwhile I spoke to my wife and she agreed to come provided a revised Maintenance amount was agreed to. Finally after a one and half Year from the date of first filing Wife appeared in Apr2019. the second consent with new maintenance was signed by both of us and put on record. However, the judge mentioned to put on record the identity proofs of the wife thru a vakalatnama. The same was filed same day , however, due vacation approaching, the judge adjourned this to Jun2019.
10. Now, at this stage, my wife again wants go revisit the consent terms and wants to argue in high court for few points Regards to property etc.
in view of above, I just have 2 questions:
1. Since The second motion was done in Apr2019, and revised terms also mutually signed and put on record, will she have room to raise an argument again?
2. The purpose of the next date was to prove her identity on record. will there be any other discussion allowed? coz she is planning to get another Lawyer now.
Since second motion is done then she does not have enough room to argue in family court or in High Court. You may submit revised copy of second motion at High Court.
