Essential query


sir,

  the scenario is this:

                             1.due to incompatibility and desertion for so many years by intervention of well wishers of bothe families petition for mutual consent divorce is filed

                            2.but one grave mistake which takes place that in some pathetic cases of innocent husbands whole amount of one time permanent alimony is paid out of court believing wifes affidavit before filing with mcd petition that wife will oblige in mutual consent divorce

                          3.in some cases cunning wifes does not  come for family court hearings after receiving hefty amount as permanent alimony out of court and she finally withdraws her consent for mcd here mutual consent divorce turns tragically into contested divorce.

                      4. but an innocent husband cannot start from beginning by filing contested divorce in family court which favours only women now the situation is like that only because he already spent hefty amount for permanent alimony professional charges and other miscellaneous expenses for mcd in family court  believing cunning wifes affidavit losing his hard earned income.

                5.now my humble question is only recourse available to innocent hubbies is appeal in high court or in supreme court if necessary

               6.what is chanakya way to win divorce in mcd appeals in higher courts if highly experienced legal counsels give their valuable suggestion in this regard.

              7.are there legal counsels who always win in any type of case but charge moderate and reasonable charges.

 
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If wife has taken full or substantial amount in first motion, then even without consent  from the wife, the court has got the power to allow second motion and grant divorce decree.  Most of the times, the courts take such plea as the wife has not withdrawn her consent given in the first motion, husband is entitled to second motion.  Otherwise, also, the husband can file contempt case and in which he can force the wife to give the consent for second motion or return the amount which she had taken in the first motion. 

 
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