Sir,
In my mutual divorce case my uncle acted as mediator for mutual divorce and settlement of one time permanent alimony terms, the fact of which though mentioned in affidavit of estranged wife neglected to be quoted in mutual divorce petition by lawyer.
Believing him as he is my sisters husband Though lawyer does not give me time to compare affidavits of both with mcd petition but only show me all documents on date of filing in court , I signed all documents believing my uncle.
Believing my uncle I paid hefty amount of permanent alimony out of court prior to filing of mcd petition in court. This important fact also neglected to be noted in mcd petition.payment is through 100 rs stamp paper one of witness signature is my uncles signature.
Cunning wife attended only few mcd hearings and finally withdraw consent in mcd.
The judge dismissed my mcd case.
My humble question is 1.will judge read both affidavits of couple and mcd petition and will he bring to notice of parties any discrepancies in mcd documents?
2. My uncle doe not show interest in my mcd case though my case is dismissed
Like he showed interest in out of court payment of permanent alimony.
3.what should I do to appeal in high court and what legal act no I have to quote in my appeal as I am terribly cheated by estranged wife.?
She is enjoying benefits of mutual consent divorce by purchasing flat with out of court payment of permanent alimony.
Faults: fact of out of court payment of permanent alimony not noted in mcd petition
Receipt for payment of permanent alimony not filed with mcd petition.
