Divorce

pushpakrishna (Querist) 18 February 2018 This query is : Open
My dear experts
On 1.12.2016 marriage took place .nearly one month lived together at husband place no cohabitation between them.after 4 months a memorandum of understanding executed between them as there is no possibility to join both of them even elders advices them.both husband and wife along with their parents also signed and as per the MOU after one year the both has to file mutual Diverce petition before the court.
But now the wife is not coming to file mutual Diverce petition before the court.
As per the MOU husband has to pay an amount of rs 30000 as alimony and returned the articles on the date of MOU.
Husband is ready his part.
Kindly advice to husband what he has to do.can he file Diverce petition under section 13 of Hindu marriage act
I hope you experts Will give a proper advice on this regard.
Thanq in advance.

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Vijay Raj Mahajan (Expert) 18 February 2018
Yes you should file for divorce on the ground of cruelty against the wife. The withdrawal from the MOU after taking agreed Alimony amount and Istridhan etc.can construed as one of the act of cruelty along with other acts of cruelty. The wife if after being served court summon ignore to attend court proceeding, the Family Court will proceed and decide ex-parte divorce in favour of the husband.

adv. rajeev ( rajoo ) (Expert) 18 February 2018
Yes. File a divorce petition and produce the MOU along with the petition

pushpakrishna (Querist) 18 February 2018
Dear experts
Thanq very much for your quick response and guidance and I think we have to file Diverce petition under section 13 of Hindu marriage act.
Hope to hear from you soon my dear experts.
Thanq once again.