aarjun vhajage (Lawyer) 29 June 2017

Mutual consent petition dismissed recovery of money

Mutual Divorce petition was filed in 2015. Its dismissed on non appearance of both the parties after 8 months. Then husband filed a restoration application. Restoration application is dismissed by court by saying no two parties are agree for restoration. Becuase, in restoration application, wife disagree for restoration and want to co-habit. (seperation period 16 years). Husband already paid lumsum alimony (Settlement) of Rs.two lacs on the first stage of MCD. Now picture is....... wife is not ready for divorce on mutual consent, not ready to quash criminal complaints. How can husband recover his money from her? what will be the any other remedy for husband?

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12 Replies

Raveena Kataria (Advocate ) 29 June 2017

May I ask what criminal complaints the wife had filed against the husband?

aarjun vhajage (Lawyer) 29 June 2017

498A, which is pending in Mumbai HC

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 29 June 2017

If there is some agreement deed of mutual consent and husband already made full or part payment and the purpose is not resolved then husband should sue recovery case u/s 37 of CPC.

Also he can file IPC 420 and 406 against her in criminal court in parallel.

https://www.facebook.com/RockySmith4Calcutta/

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 29 June 2017

Also Husband should apply for speedy proceedings (Writ under Article 227 in HC) of the said recovery case (Order 37 CPC) if the matter willfully delayed.

https://www.facebook.com/RockySmith4Calcutta/

Kumar Doab (FIN) 29 June 2017

The court may not be pleased on Unilateral withdrawal and false accustations.

I am sending you a few links, that you may examine.

Raveena Kataria (Advocate ) 29 June 2017

Originally posted by : Kumar Doab
	The court may not be pleased on Unilateral withdrawal and false accustations.

Exactly. And if the accusations are false indeed, the court will deem that as cruelty on part of the wife and may grant the husband divorce on such ground.

Kumar Doab (FIN) 29 June 2017

You can relate with your case.

Siddharth Srivastava (Advocate) 29 June 2017

In such circumstance husband can only file petition for divorce on the dround of cruelty. Husband can also file recovery of paid amount u/o. 37 CPC or a simple civil suit if wish to recover interest and damages. Nothing to worry. you may contact at any time.

sai narayana 30 June 2017

Originally posted by : Rocky Smith
	If there is some agreement deed of mutual consent and husband already made full or part payment and the purpose is not resolved then husband should sue recovery case u/s 37 of CPC. Also he can file IPC 420 and 406 against her in criminal court in parallel. https://www.facebook.com/RockySmith4Calcutta/

After quite a long time you are here sir. Thanks for coming back.

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Sachin (N.A) 30 June 2017

Originally posted by : Raveena Kataria
	Originally posted by : Kumar Doab The court may not be pleased on Unilateral withdrawal and false accustations. Exactly. And if the accusations are false indeed, the court will deem that as cruelty on part of the wife and may grant the husband divorce on such ground.

It is right that unilateral withdrawal of divorce consent amounts to cruelty but husband need to file the divorce petition on the ground of cruelty. He cannot file the application of restoration of the MCD