application u/s 13B hma by litigant wife
ashok
(Querist) 22 April 2015
This query is : Resolved
In pursuance to compromise arrived at through mediation centre Distt. Court, An application u/s 13B was filed in terms of compromise /settlement deed. But litigant husband has not fulfilled the compromise terms in second motion and therefore the helpless wife has accordingly not agreed to divorce in second motion. Now what's next? The concerned advocate saying his role is up to second motion....
Does it means her previous cases u/s 9(rcr)dv & crpc125(interim granted) which she had withdrawn pursuance to that compromise deed against husband and compromise settlement deed itself, all are now go wasted�.Under these circumstances What Should litigant wife further hope for from court� Do the court has powers to implement the compromise deed .in to-to , if she pursue further paying advocate .?Please advice in detail
Devajyoti Barman
(Expert) 22 April 2015
In that even the divorce shall not happen and the wife is free to file the cases afresh which were withdrawn.
Rajendra K Goyal
(Expert) 23 April 2015
Without second motion the divorce would not happen. Should consult her lawyer regarding the implementation of terms and re institution of suits.
ashok
(Querist) 23 April 2015
Rejinder sir,
in second motion, the wife has recorded statement that she will not divorce her husband as he (husband) has not acted as per compromise /settlement deed. Now her Advocate suggests to move application under arbitration act to implement terms of compromise.,And on the basis of new 'documents' produced /recorded by husband in 2nd motion
Please advise & guide further
