2nd divorce petition
Sukhwant Singh
(Querist) 16 August 2012
This query is : Resolved
My widowed friend (now of 57 years) married again in 2007 (His Age 52 and the Girl of 48 yrs at that time) to have a peaceful life but the relationship didn't last long and the smart and clever girl ran away with all precious items and slapped CAW / DV cases on him and his parents. After going through the trauma of CAW / DV cases, there was a mediation agreement, then a revised mediation agreement (on girls request, as she was not happy with the first one), has paid the initial 2 installments of the settlement amount, which has been encashed by the girl. The First motion for divorce happened in January 2012. She also withdrew the DV case. On second motion in July 2012 she remained absent. Next second motion hearing is now scheduled for Oct. 2012. His queries are: 1 What if she does not turn up in Oct. hearing also ? 2 Or if she backs out from the mediation (which happened twice) ? 3 She has already taken half the settlement amount, what happens to that ? 4 Can my friend file contempt of court since she is not following the mediation terms ? 5 How do we proceed further since my friend wants to get out of the mess and live in peace.
Adv.R.P.Chugh
(Expert) 16 August 2012
1. She can very well not turn up, there is nothing that forces her to, the law allows a spouse to withdraw consent before finalisation. However having said that, on the basis of settlement amount that she already recieved, before doing the somersault, DV/498A cases can be quashed.
2. There is Delhi High Court judgment in which contempt proceedings were initated against the woman for having given an undertaking and receiving the amount and then backing out being a civil contempt i.e violation of an undertaking to the court.
3. This also forms the substratum of a contested divorce on the grounds of cruelty.
Good Luck !
Sukhwant Singh
(Querist) 20 August 2012
Dear Sir,
Thanks for your very prompt reply.. but since we are not well versed with the legal terms, I shall be grateful to you if you could clarify / elaborate on what does "before doing the somersault, DV/498A cases can be quashed" mean.
Thanks once again in anticipation.
Sukhwant Singh
ajay sethi
(Expert) 20 August 2012
what Mr bharat chugh means is your wife has agreed to a settlement . she has already received 2 installments of money . on said basis you cna make application for quashing of 498 A / Dv cases
Sukhwant Singh
(Querist) 24 August 2012
Mr. Bharat Chugh / Mr. Ajay Sethi
Thanks for your clarifications.. one small query - Out of the total of 4 installments of settlement, only 2 are paid as yet. Can we still make an application for quashing 498A case ?
Thanks once again for your directions..
ajay sethi
(Expert) 24 August 2012
yes you can as you are willing to pay balance 2 installments . offer your willingness to depsoit the same in court
Sukhwant Singh
(Querist) 06 September 2013
My friend on the last 2nd motion hearing deposited the money with the court that was to be paid on 2nd motion as the girl didn't turn up.
After this, my friend filed petition in HC for quashing of FIR. HC again directs for mediation on girls request. My friend refused as two mediations have already taken place. HC 'ASKS' girl should the FIR be quashed ? She says 'NO'. The HC says then return the money taken earlier i.e. 1/2 of the total settlement amount.
She has been directed to return the money on second motion hearing scheduled for 2nd week Sept. How can she now back off from the mediation agreement ? What should be our stand and how to proceed that the mediation agreement is adhered to and process completed as defined there. What could be our course of action ? Can we file a review petition in HC as she intends to harass and cause mental agony to my friend.
ajay sethi
(Expert) 06 September 2013
after one year you have raised a supplementary query .
she can change her mind . till divorce is granted she is free to change her mind . she is willing to return the money as per HC orders .
no review petition is to be filed . you have to contest 498A case on merits
ajay sethi
(Expert) 06 September 2013
after one year you have raised a supplementary query .
she can change her mind . till divorce is granted she is free to change her mind . she is willing to return the money as per HC orders .
no review petition is to be filed . you have to contest 498A case on merits
Sukhwant Singh
(Querist) 06 September 2013
Adv. Mr. Bharat Chugh indicated above that There is Delhi High Court judgment in which contempt proceedings were initated against the woman for having given an undertaking and receiving the amount and then backing out being a civil contempt i.e violation of an undertaking to the court...
Can we also present our case on the same grounds ?
ajay sethi
(Expert) 06 September 2013
in your case HC has directed your wife to return the money received by her . she has agreed to do so . so no contempt of court application would be maintainable
