13b

Davinder Singh (Querist) 28 March 2012 This query is : Resolved
we have filed a joint petition of 13b on 20/9/2011 and also paid to her half payment of rs 1,25,000 and rest will have paid on final statement on 22/3/2012 but the second party did not come on 22/3/2012 and my lawyer got a date of 9/4/2012 i have doubt that she will backout from the final statement and i have also received from her an affidavit and compromise deed on this behalf i have appealed in high court for quashing of 498a but the second party also did not come in high court also on date 12/1/2012 and 10/2/2012 and next is 4/May/2012 so pls help me what i have to do now and what will be the decesion of court
1) The court dissmiss the petition of 13b?
or
2) The court grant divorce to me if she does not appear in court on 9/4/2012?
Pls help me

Regards
Davinder

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Shonee Kapoor (Expert) 28 March 2012
The court would not grant you divorce in 13B. But the FIR can be quashed based on the MoU and then you can go for divorce on grounds of cruelty.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Davinder Singh (Querist) 28 March 2012
what is MoU

V R SHROFF (Expert) 29 March 2012
Why imagine:
She may come on 09/04/2012, and file her affi with you to allow 13b divorce.

Question arise if she don't come !!
breach of trust, as amt already paid .
MOU = Memorandum of Understanding.