Your legal advice is required ,brief of the case is given below.
Chronological events of the case are as follows.
1- My friend got married on 1996, and one son was born on 1997 and one daughter was born on 2004 with their wedlock. .His wife having four sisters and she was eldest among them. As she was not having any brother, from very beginning she wanted to live with her parents.
2- The wife deserted her husband without any reason on 31.05.2008(After completion of 12 years of married life ( when all the sisters were got married ) and started living with her parents. She filed a case of Mtce under section 125 against her husband on grounds of cruelty at District court Rewa.
3- The husband made every effort to call her wife back, but he could not succeed. At last he filed an application under section 9 ,and section 7 (for custody of children ) at District court
4- During pendency of proceedings of all the cases husband made continuous effort to call her back but he could not succeed.
5- Section 125 was dismissed by the district court and court did not allow any maintenance to wife as she was living with her parents without any reason. and she also failed to prove cruelty against her husband. . For children court asked that as Children were not made applicants so question of giving maintenance to children does not arise.
6- The decree of section “9” was given in favour of husband.
7- In the execution of decree the wife made non feasible conditions before the court like husband will not allow his parents to come in his house, 50% of property will be made over to wife, 50% of salary must be deposited in wife’s account. and Rs 6.0 lacks will be fixed in favour of children.. The court concluded that wife does not want to live with her husband and so putting such irrelevant condition. Court further ordered that if wife will live with her husband neither she nor her children will be entitled for any maintenance.
8- The section “7” was dismissed as court found that children are emotionally attached with the mother. Although the case was decided on false grounds for which appeal was made in high court
9- When wife did not return back husband filed an application of divorce at district court Rewa.
10- In the appeal at high court Jabalpur ,husband filed an application for reconciliation and in which it was clearly stated that he wants to call back her wife and children and he is ready to accept all reasonable condition in which wife wants to come back.
11- Considering this application a counseling was made by high court Jabalpur by calling both the parties and it was decided that all the cases will be with drawn by both the parties and husband will try to get convince his wife, he will go to wife’s house and will make all efforts and even after this wife does not return after six months , an application will be filed by both the parties for divorce with mutual consent.
12- In compliance to order of high court Jabalpur all the cases were with drawn by husband including his divorce case which was at final stage of decision and made every effort to call her wife and children back ,but he could not succeed. Here it is important to mention that wife did not with draw his case of Maintenance for children from district court Rewa as per agreement made before Highcourt Jabalpur.
13- After completion of six months an application of divorce with mutual consent was sent by husband to his wife as per terms and condition of agreement made before high court
14- Wife neither replied nor signed on these papers.
15- Aggrieved by the conduct of wife, Review Petition was filed by husband in the high court of
16- In this time also Wife did not sign on papers of divorce with mutual consent and in contrary filed a petition of divorce demanding Rs 1Crore and a house purchased by husband, mentioning false and fake reasons that because PA could not be decided so this application was filed.
17- Aggrieved by this action a Review petition was again filed in the high court of
18- Under these conditions What should be reasonable amount of permanent allumini and what further action should be taken
