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arunsrinivaas (pensioner)     18 July 2015

Innocent husbands query

honourable legal experts,

          in india in recent times innocent husbands has been cheated  very badly by cruel wifes by their withdrawal of consent in mutual consent divorce after receiving hefty amount as permanent alimony out of court prior to filing of mutual consent divorce petition though the innocent husbands suffered at hands of cruel wife through false allegations in police stations in india though fir is not filed in some cases.

     in above worse situation of innocent husbands what a husband can do legally to get sanctioned divorce decree in mcd if in lower family court their mcd petitions are dismissed and they are in dire need of divorce to spend their rest of life peacefully.



Learning

 9 Replies

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE)     19 July 2015

I think you problem has vast social interest .  It is right many cruel wife use law for their manetory interest. I do not know whether you receive any maney receive or not from your wife at the time of payment , if yes it will give you way to solve problem . At the same time you are advice to file divoce suit against your wife in contest.

madhuri_bansal (CA)     19 July 2015

Please refer to the following news and act accordingly

 

https://www.dnaindia.com/mumbai/report-man-slaps-extortion-case-on-wife-for-demanding-money-to-give-divorce-2078119

N.K.Assumi (Advocate)     19 July 2015

Indian matrimonial home is now converetd into giantic business Industry, and the only precaution Indian man can do is look before you leap.The rest has been responded by Shri.Bhrigu Datta.

SAINATH DEVALLA (LEGAL CONSULTANT)     19 July 2015

Don't U forsee that the marriage laws and divorce laws are pro wives in India.Women have become more secured due to the recent amendments in various laws.Could U please elaborate the reason's for that?

I strongly feel we require both the hands for clapping,Husband and wife are both responsible for their pathetic situations running after lawyers and courts to file cases and counter cases,exausting their valuable time,money and more importantly their life.

As an aggreived  husband one may find it easy to put all the blame on his  wife for slapping differrent domestic voilence cases not only on him but the entire family,but he seldom thinks that they are also responsible for it.

saravanan s (legal advisor)     19 July 2015

https://timesofindia.indiatimes.com/city/jaipur/After-filing-mutual-divorce-petition-wife-can-not-withdraw-and-ask-for-more-money-HC/articleshow/13877189.cms

laxmi kant joshi (instructor)     19 July 2015

Dear querist, i fully agree with you some women are misusing the law on the name of mcd she extorts hefty amount from their husband, i suggest all of the victims don't and never do out of court settlement with their wives, before filing mou read it atleast ten times think properly pay the alimony in parts and within the knowledge of court, you can add one point in your mou that we both will follow our mou honestly till divorce decree and we will not go back or violate its agreed terms, now if she refused to attend second motion then informed it to the court how she with malafide intention denyed to attend second motion of mcd, now husband must file contested divorce and also fir for extortion in the police station against her .

anand (legal advisor)     19 July 2015

There is very little in the hands of the husband but if defended properly we may win this one sided battle..... If she takes amount in the mutually consent and further backed out of it... Under such situation forgery case may be instituted or else you may suit for recovery under breach of contract.....

dr g balakrishnan (advocate/counsel supreme court)     19 July 2015

innocent husbands have natural justice provision, use it rightly  then you might get right legal protection pl.

Biswanath Roy (Advocate)     21 July 2015

In my opinion which is based upon my professional experience is that,- In conjugal  maladjustment neither husband can be said as innocent nor the wife can be said as cruel.  If the agreement for MCD before the Family Court has been retracted by either of parties  that can be reagitated and reopened before the higher forum for proper relief and redressal.


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