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Gurpreet Singh   14 February 2025

Denial from divorce with mutual consent

Respected Sir/Ma'am,

Please suggest what to do in below circumstances:

I filed divorce case which got transferred to wife's jurisdiction but meantime both parties agreed for Mutual divorce with alimony & Wife took half of the decided amount at first motion statement & taken back all her belongings including everything given at the time of marriage.

But after about 8 months cooling period, she denied at the second motion statement & refunded only 30% of given amount by stating that rest of the amount has been fixed deposited in the name of our daughter. After that, requested to re-open the case for maintainance which was filed last year & withdrawn thereafter at the time of first motion statement. I never get to know she had filed case for maintenance. Now she intended to claim maintainance from the initial filing date of case i.e. one year back means I have to pay maintenance from last year..?

I'm doing private job & getting 50k-60k p.m., having 2 more dependants at home. Daughter lives with wife. Kindly suggest how much tentative amount I would have to pay & for how long. Is there anything that can save my hard earned money. I want custody of my daughter also.

Request suggestions 🙏🏻 



 1 Replies

T. Kalaiselvan, Advocate (Advocate)     14 February 2025

If your wife is employed and having a handsome salary income to sustain her expenses then you may repudiate her maintenance claim 

Next thing, you can file a money recovery suit to recover the money she had taken from you for the purpose of mutual consent divorce whereas she withdrew her consent at last moment.

You can file a contested divorce case on the grounds of cruelty citing this as an additional ground for divorce.

About the quantum of maintenance you may have to wait for the court order 

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