Backing out mc divorce
pally
(Querist) 12 May 2018
This query is : Resolved
HELLO, I AM A WOMAN WHO HAS FILED FOR MC DIVORCE, TAKEN 1 INSTALLMENT AT TIME OF RECORDING OF 1 MOTION, NOW WANTS TO WITHDRAW AT TIME OF 2 MOTION AS I DONT WANT DIVORCE, IT IS FOR SURE MY HUSBAND IS ADAMANT ON DIVORCE. WHAT CONSEQUENCES IF ANY I CAN FACE IF I WITHDRAW AT TIME OF 2 MOTION BEFORE HONBLE COURT.
DO I HAVE TO RETURN INSTALLMENT ,WHAT IMPLICATIONS I HAVE TO FACE. I AND MY HUSBAND ENTERED INTO SETTLMENT DEED BEFORE HONBLE COURT AND IT WAS DECIDED THAT 3 EQUAL INSTALMENT TO BE PAID TO ME AT TIME OF 1 MOTION, 2 MOTION AND QUASHING OF FIR 498A AND 406 OF MY HUSBAND. NOW AT TIME OF 2 MOTION I WANT TO BACK OUT.
Vijay Raj Mahajan
(Expert) 12 May 2018
Don't do that it will spoil your case badly. Firstly you will have to return back the first instalment that you took at the time of first motion. Secondly by withdrawing from the settlement done in the court for the matrimonial dispute will be taken by the High court not in your favour while dealing with criminal complaint quashing petition and quashing may be allowed keeping in mind your non-serious nature for settlement of the matrimonial dispute.
Thirdly the husband by filling fresh petition for divorce on the ground of cruelty will get decided in his favour ultimately.
Now you will be getting good amount of money in 3 instalments and by moving out of the settlement you may not be able to get that amount and your husband will definately be free of criminal charges and from you after getting decree of divorce.
This adventure that many ladies like you tried back fired ultimately.
Ms.Usha Kapoor
(Expert) 13 May 2018
I wholly concur with Vijay Raj Mahajan.
