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Divorce on mutual consent

(Querist) 16 July 2015 This query is : Resolved 
Hello,

I have filed a mutual consent divorce with my wife six months back and we have made an MOU which mentions about the full and final settlement of maintenance amount(Paid thru cheque which is cleared) and that there would not be any further claims is mentioned in MOU. The court had given a date after six months but on the case date my wives side did not turn up and are demanding for more money else they will not attend the case. Please suggest me as to what do i do. What is the next step? Can they demand for more and put a case? Please suggest.
SAINATH DEVALLA (Expert) 16 July 2015
If your wife dosent want divorce and has with drawn her consent your divorce by mutual consent, petition would be dismissed ,and you will have to file fresh petition for divorce after dismissal of your petition.

Even in second motion wife presence is mandatory . If she does not attend, court wont grant you divorce by mutual consent .
username (Querist) 16 July 2015
Thank you sir but this mutual consent which was filed by my wife in her state and i went to her state and in front of the judge we filed the case. She has taken the money from me and it has been recorded in MOU. But now she is not turning up as she wants more money from me. Does the law not support me now. How do i get a divorce from her as she is putting a clause like if she gets more money then only she will appear for the case. How long she can drag this. If the case is dismissed then i need to apply a fresh case for divorce then would it take a lot time for getting divorce.
Jayashree Hariharan (Expert) 16 July 2015
please put the issue before the Hon'ble judge. talk to your wife and see what can be done, anyways what you have paid is what she asked for.
Rajendra K Goyal (Expert) 17 July 2015
Without consent of wife in second motion, divorce can not be completed. You can proceed to recover amount paid on the basis of MOU.


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