Hi - I got married in Feb 2009, there was incompatibility between my wife and me and the relation lasted only for a month, we were insulted many times during marraige and had to ask why these thigns happened to her elders. we had a discussion in my home and they started absuing us and threated of dire consequences that they can do anything and go upto any extent. They literally said law only support woman and they will go ahead and file a domestic voilence case in march 2009. she had left my house all of a sudden with their family members shouting on road in front of our house which all the nighbors have seen. this had cause lot of embarrasment to our family in the local colony. They dint file any case as they threatened instead sent some people blaming that I am impotent e.tc which is not a true statement. We did record in cell phone camera when these people blamed such false things. After series of discussions they agreed to settle the matter and signed a memorandum of understaning they they do not have any allegations on me or my family and want to separate only because of incompatibility. In the MOU we have made it clear that as part of permanent allimony I will pay 7 lakhs out of which part payment would be 4.5 lakhs. I gave this amount in form of Demand draft. She had taken all her belongings incuding the gold ornaments she had got with her which was included in the MOU. The MOU was signed by all her family members along with her. it was agreed in the MOU that either of US can file a divorce case after the completion of year.
After completion of 1 year in 2010 they are not agreeing to file a mutual concent divorce and rather started demanding more money. I waited till end of 2010 & I have filed a divorce case in family court and notice was sent to them 2 times and they have not accepted. The Notice was sent to their own house where they live from past 10 years. I may have the next hearing some time in march.
My questions are :
1. Will the hearing in march be the 3rd and last one ?
2. As per the MOU they agreed for permanent allimony of 7 lakhs and have accepted the part payment via DD.
Can they come back to court and demand for more allimoney ?
3. If the Divorce is granted Exparte how will the pending allimony be given to her ?
4. Can she file a petition later that the divorce is not valid as she dint attend the court ?
5. How many days should i wait before I go for another marraige ?
Would really appreciate if the questions can be answered. Thanks a lot in advance.
Regards,
