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satyen (PARTNER)     19 September 2017

Bactraking from mutual cosent divorce

Sir /Madam Need your help Me and my wife agrred for Mutual concent divorce along with consent terms . 1st motion is passed . I t was agreed she will not take any alimony and no maintance as she is in a well paid job. We have a 6 year girl child which i have agrred to upbring her on my own cost without any monetary help from her . This was mentioned in the consent terms and was accepted by both of us. 2nd motion will comefor hearing in the month of Jan 2018 Now after 2 months she is backtracking saying i need daughter back, also huge alimoney for herself. She is trying to black mail me she wont sign the second motion . Can she backtrack on the consent terms agrred in front of the judge in the court ? Need your comments on this


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 10 Replies

Siddharth Srivastava (Advocate)     19 September 2017

The opinion of Mr. Ramesh Singh is correct. 

satyen (PARTNER)     19 September 2017

What are the legal options for me in such cases  ? what is the  use  of such a mutual consent then ? this is just pure harrasment

Adv Radhika Mehta (Advocate)     19 September 2017

Yes she can withdraw.  No legal remedy for you under such circumstances.  If you would have paid her alimony or any part thereof and then she would have backed out it would have been a different ball-game.  Talk to her and see if she is agreeing to reach a settlement regarding an amount feasible to the both of you or else you are left with no other option but to file a contested Petition, wherein you can definitely narrate this conduct of your wife. 

Siddharth Srivastava (Advocate)     19 September 2017

What law can do if any person withdraw or does not give its consent. After all in mutual consent divorce the consent of both parties are must so if one person withdraw its consent at the time of second motion then bthe motion fails in such case the sufferer can only go for divorce on available grounds and can also seek the restoration of any benefit if passed on at the time of first motion.Make effort to sort out the issue mutually.

Kumar Doab (FIN)     19 September 2017

The spouse can withdraw per provisions of the Act

Go thru Hindu marriage Act, 1955; 13B (2)

https://indiankanoon.org/doc/1108159/

Kumar Doab (FIN)     19 September 2017

 

 

Apparently your spouse is anxious to migrate to Canada and has agreed for MCD after your discussions in other thread at;

https://www.lawyersclubindia.com/forum/Wife-wants-to-quit-marriage-and-leave-to-canada-150924.asp

 

The detailed facts of the matter are known to you and your own LOCAL lawyer.

As per your post NO alimony, maintenance is being paid, per agreement that is achieved by both spouses.

There seems to be NO discussion and agreement on custody of girl child.

You have posted that you have agreed to bear all expenses of upbringing the girl child.

Hope you have been doing it and have the irrefutable evidences.

 

Kumar Doab (FIN)     19 September 2017

Jan 18 is still to come.

 

While your spouse can withdraw, relate if in your matter it can be established there is no sufficient or just reason to withdraw and intent to withdraw is not genuine and/or is being willfully withdrawn/delayed to  extract monies, etc ……………

 

The Presiding Officer, court needs to be convinced by both of the spouses and their stand needs to be established.

 

Keep your channels of discussion open; remain amiable, gentle and accessible to other spouse. Use the time to achieve the renewed understanding and continued compromise to get stamp of approval from court or establish withdrawal as cruelty, farce.

 

Kumar Doab (FIN)     19 September 2017

According to you; what is the reason for demand of alimony, maintenance after signing the consent terms and 1st motion.

Was your spouse not aware that file to immigrate has already been moved before signing the consent terms with you!

If you agree to pay monies you can try to have agreement on custody of girl child and that estranged parent can come to India and see the girl child, at self expense.

As suggested in other thread also, the court looks into welfare of child and may ask the girl child with whom she would want to stay.

 

The other spouse may cite instances; incidences that you are not fit to take proper care of welfare of girl child.

 

Litigation has its own hazards and litigants and lawyers of litigants have to handle and convince the court about merits in their contentions, averments.

sai narayana   29 September 2017

Video/Audio Record her demands deceitfully.

Kumar Doab (FIN)     29 September 2017

Show all evidences and record to your own senior very able LOCAL counsel at your location and understand loopholes, vaccum, flaws and merits................everything.


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