When will an agreed consent regarding maintenace in India will not valid?
Summary:
- Foriegn Court approved and finalised full and settlement in 2006 on the wife's application for an order for divorce settlement and divorce.
- In 2009, ex-wife submitted before Indian Family Court for another maintenace order allegedly gold in India. The application was submitted by means of Power of Attorney (POA).
- Despite submitting the foriegn court orders of decree consent and divorce decree, the Family Court registered the case.
- In the beginning 2014, ex-husband (ie via his POA) agreed to consent decree during ordered mediation.Agreement was the ex-husband has no objection for the ex-wife's POA for forcible opening the locker, upon the opening the locker the pending case is concluded and barred the parties from making any further application for an order relating to the dissolved marriage. The consent decree made referred to full and final settlement in the forien court too.
- Ex-wife's POA submitted an objection asking the court to dismissing the consent order on the grounds that ex-husband outwitted the court and mediator.
- The ex-husband and his family had "False" 498A previously. Director General of Police confirmed that the case "false". Ex-wife persisted with the maliciosu prosecution including a private criminal prosecution.
- After a lengthy battle with the judicial and ex-wife finally the ex-husband and his family fully and unreservedly exonerate from all the alleged criminal allegation under Section 498A IPC.
Ex-wife allegedly will be attending forthcoming hearing on August 2014 to continue with the case. Ex-wife is remarried to allgedly to her ex-boyfriend. Ex-wife's POA is her husband's brother. Ex-wife has given up her Indian nationality too.
Question is will the Family Court set-a-side the consent decree? If so what the next course the court regarding the matter. Can anything that the ex-husband can do stop the proceeeding from continuing?
Any help or suggests greatly appreciated.
Look forward to your replies.
Thanks.
