Withdraw consent in mcd u/s.13b may amount to fraud?

Rest everything is well gudied by my ld. friend but the last query, about stamp paper is wrong, coz it may be inculded in evidence.

Good luck.

adv.kamal.grover@gmail.com

1:Can wife file contested divorce petition against husband on the ground of cruelty using the agreements as evidences?

Wife can file contested divorce petition.  If the agreements are not showing any acquiescence on the part of husband about the factum of cruelty, those agreements are not helpful to the wife for getting divorce.  She has to prove the fact of either physical or mental cruelty, whatever may be case, independently by reliable evidence.

Que.2: On this ground, can court grant divorce?

As said above, the facts of agreements have to be proved independently otherwise, the husband has got always a plea of executing those agreements under duress/threat etc.

Que.3: Is it an offence of cheating/fraud under Indian Penal Code in this matter?

Going back from the terms of agreement not related to money and/or property is not cheating or fraud under Indian Penal Code except only in rare cases where money, property is involved, a cheating case can be lodged under IPC.

Que.4: The notarised Non-Judicial stamp paper is valid evidence in Civil and Criminal Case?

Yes.
 

The contract entered into by you is void ab initio because the consideration (taking back a police complaint) for handing over her Stridhan is not lawful and the reciprocal promises made viz., one to withdraw complaint and the other to accept for divorce are restraining a person from exercising his/her legal rights, which is illegal as per Contract Act.  When MCD is filed you have a right to withdraw which the contract cannot prevent, and she has a right to proceed against you under 498a which the contract cannot prevent.  As there is no lawful object and lawful consideration in the reciprocal promises made the contract/agreement itself is void abinitio.   Hence the instrument has no legal validity in the eyes of law.

"""It is agreed in divorce agreement that the application of complain against husband in police station would be taken back by wife if husband gives his consent of divorce. """

this is not free consent .

u can show court by going through the divorce agreement that u have giving ur consent under force and it is not ur free consent .MCD case will be dismissed if consent is not free consent.

Que.1:Can wife file contested divorce petition against husband on the ground of cruelty using the agreements as evidences?

YES,she can very well file the case

Que.2: On this ground, can court grant divorce?

depend on the case

Que.3: Is it an offence of cheating/fraud under Indian Penal Code in this matter?

no

Que.4: The notarised Non-Judicial stamp paper is valid evidence in Civil and Criminal Case?

Yes