Mutual divorce Dispute

Brijesh (Querist) 25 January 2009 This query is : Resolved
Respected Experts,

I have filled mutual divorce 15 months ago. with the time of filling divorce i have given a chq of rs 2.50 lacs in my wife's name (in pettition this line has been entered) now she is not willing to sign. Till she sign the papers, we conn't got the divorce.

My question is?

1. In which u/s I should go for higher courts?

2. In your view how I get the divorce?

3. Can I file any recovary case of my money back.

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PALNITKAR V.V. (Expert) 26 January 2009
There can not be mutual divorce unless wife signs. So there is no point in going to higher court. The only option is to apply for divorce on other grounds. You may file recovery case and probably a case u/s 420 IPC for cheating.

RAKHI BUDHIRAJA ADVOCATE (Expert) 04 February 2009
case u/s 420 IPC is possible if u have any proof that u have given that amount as maintenance as per ur mutual consent for divorce. for more details u cn talk to me on 09711364956