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?
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.