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Consent terms not met

divorce decree is granted with consent terms in lokadalat 4 yrs bak,still the terms r not abided by respondent. At present RD is filed,not filed contemp of court.

after 4 yrs am i eligible to get the money for kids education with intrest? we have also stated in consent that loan taken by ex husband will be born by both of us,noe after 4 yrs interest rate must have gone up,am i suppose to pay it?

in constnt term it is written that property of his share willbe transfered on kids name ,no proprty name is written ,how to solve it? matrimonial home is purchsed by me with all cheques & loan amount ch paid by me.Can he claim his rights in it as his name is on the share certificate as his father was not allowing to buy the home on my single name.

please advice on above.



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 1 Replies

T. Kalaiselvan, Advocate (Advocate)     21 October 2015

Consent decree was passed by the court with the terms and conditions incorporated in the decree and judgement? 

Whether the conditions written in MOU during consent divorce was made as a decree?, if yes, then it can be enforced even now and can file a contempt of court proceedings against him for not obeying the judgement. 

All other issues what you have stated are either to be enforced through an EP or if it is not executable, then file a separate case seeking the said reliefs. 

What is your lawyer's opinion.?


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