Please resolve ??

crpc (Querist) 10 March 2012 This query is : Resolved
Dear All,

Pls find the attached divorce-deed signed by husband and wife with two witness.And in a audio recording of meeting both husband / wife agreed to file mutual divorce on 12-3-2012.

On 4-3-12 when husband asked to sign, wife denied to sign.Now in these circumstances, kindly what could be the best option to proceed..

How we can push wife to sign the mutual divorce deed.

Thanks & Regards.

Ankur

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Adv.R.P.Chugh (Expert) 10 March 2012
No Specific Performance can be sought of this agreement as the same depends on personal volition of the wife. No Court would compel her to do so. However if she has received consideration. The same would be taken in consideration if she decides to file cases of maintenance etc.

Kirti Kar Tripathi (Expert) 10 March 2012
Hindu Marriage Act does not prescribe any dissolution though mutual deed. Though can be obtained by invoking provisions of Section 13-B parties mutually are ready to for divorced. Thus neither this deed can be legally enforced nor can be directed to signed despite the fact that the said evidence are available with one party. In that event, only remedy is go far regular divorce proceeding on the grounds as available in the Act.

ajay sethi (Expert) 10 March 2012
agree with experts . you cnat force your wife to sign divorce by mutual consent .

Deepak Nair (Expert) 10 March 2012
Rightly advised by the experts above.
You can file a petition for divorse. YOu cannot compel your wife for mutual consent.

Adv.R.P.Chugh (Expert) 10 March 2012
One more thing - when you file a unilateral divorce petition - the fact that your wife took part of settlement money still did not pursue MCD - would be cruelty on her part..The Courts have held

Advocate M.Bhadra (Expert) 10 March 2012
Attached Agreement is not valid for dissolution of marriage,you should file a Divorce suit to a competent Court of laws ,contact with a local lawyer.

Raj Kumar Makkad (Expert) 10 March 2012
No use can be made of the mentioned material. File a petition seeking divorce at your own on the ground of cruelty.