sam munjal (na) 11 September 2012

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matrimonial setellment had hapend in court wife took half money of compromise and articles as per compromise she had to flie mcd which she didnt i flied contested divorce where we wrote evry thing about compromise money which she recived by me and articles she dont want to live with me on next date she have to give reply how many date will take in contested divorce every one says it takes long time but compromise happend money taken by her and articles and dont want to live with me please consider this facts

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Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 11 September 2012

It appears that your wife after taking part payment backed out from her committment to file and pursue an McD. You should not have made the payment until atleast first motion of McD. However having said that, backing out from such an undertaking and agreement does cause mental cruelty to you, and is a breach of trust (not in the IPC sense) - contested divorce may be granted and has been granted on such grounds - but would take a while.

Bharat Chugh

Advocate Supreme Court of India

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