arunsrinivaas (pensioner) 25 April 2015

Mutual divorce

In my friends mutual divorce case with his wife through common wellwisher of both families he paid 25 lakhs as permanent alimony out of court to his wife which he got his share of his fathers property after his fathers death due to heart attack.

There is long separation between the couple for 15 years since 1999. As in compatibility continued in both house and his office he got vrs from service of postal department and now he is postal pensioner.

Though lawyer filed mcd petition he does not file compromise deed along with mcd petition. Though there is mention of 25 lakhs in mcd petition no mention of paid 25 lakhs in mcd petition as one time payment of permanent alimony.

His wife bought one flat with 25 lakhs which she got as one time permanent alimony and enjoying the benefits of compromise. She does not appeared for second motion till now even though 18 months have passed since filing of mcd petition.

Can my friend file both contempt of court and cheating case against his cheating wife so that he got sanctioned divorce decree in his mcd case?

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4 Replies

Adv. Chandrasekhar (Advocate) 25 April 2015

I am so sorry for your friend. Why did he wait for 18 months? Any how, he should read the MCD's divorce petition word by word and sentence by sentence to bringout the inference that there was a settlement and out of that he paid twenty five lakhs. If such implication cannot be brought out, out of this petition, I am sorry, you cannot get relief by filing contempt case. But, you can file a cheating case or can file a recovery suit (costly because advalorem court fee is levied). As he is a pensioner, he may not be in a position to afford that litigation. If he is a resident of Delhi, he can contact me for further assistance to get the relief he sought.

Adv k . mahesh (advocate) 25 April 2015

some facts are missing from this query

1. why he waited for 15 years

2. when already mcd filed why out of court settlement

3. why he missed compromise deed

4. what attempts he made all this 18 months for second motion

because after 15 years of separation you friend should have talked to her wife and made the terms and conditions of the petition and when already mcd is filed why out of court settlement has arised

arunsrinivaas (pensioner) 26 April 2015

K.maHesh sir,

1.why he waited for 15 years?

Ans: because his cruel wife remained in same house in different rooms in same house for long time with constructive deserti on. Mcd is through a mediator who is his relative?

2.when already mcd filed why out of court settlement?

25 lakhs paid as per compromise deed which mentions that mcd petition has been filed through lawyer with name Paul out of court through mediator in his working office.

3.why he missed compromise deed?

The mediator arranged common lawyer for both mcd parties.my friend believed common mediator and there is not much speech between my friend and lawyer. In two witness signatures to compromise deed one of witness signature is my mediators signature.

4.what attempts he made all this 18 moñths for second motion?

My friend only attended all court hearin gs and his cunning wife only attended initial 1 to 2 hearings of mcd.

There is no speech between couple for long because she is such arrogant and cruel women.

Thank you