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After filing mutual divorce petition, wife can not withdraw

 

After filing mutual divorce petition, wife can not withdraw and ask for more money: HC

 

JAIPUR: If an estranged wife, after filing for divorce through mutual consent and took money under an agreement, takes a U-turn and subsequently withdraws consent for divorce and force the husband to pay more money, then such a step itself is a valid ground for divorce and such U-turn cannot be allowed to be used to harass the husband, the Rajasthan High Court has held.
The order came on an appeal filed by one Anil Khatwani against the order of distirct judge, Bhilwara, whereby the latter had dismissed the joint petition moved by Anil and his wife Nishtha under Section 13B of Hindu Marriage Act for granting divorce by mutual consent based on a compromise.

As per the compromise arrived between the parties in January 2007, Anil agreed to pay a sum of Rs 5 lakh to Nishtha to get their marriage dissolved by way of mutual consent and also to get an FIR filed under Sections 498A and 406 against him and his relatives quashed.

https://www.lawweb.in/2013/07/after-filing-mutual-divorce-petition.html#more



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