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Manjit Singh (NA)     28 October 2010

Matrimonial Settlement validity

Let's say A and B are engaged in multiple matrimonial cases (DV, CAW Cell, counter complaints, etc.)

Both come to a compromise where they say they will stop all litigation and file MCD.

The compromise deed is presented in a court and adjournments happen to allow MCD to take place.

Now after 6 months, A says that she is not happy with the settlement and does not want to go ahead with it.

No cases have been quashed or withdrawn from either side till now.

Even first motion of MCD hasn't been filed yet.

What are B's options?



Learning

 1 Replies


(Guest)

 

For B he has to file divorce case against a if atleast two years passed away .

Hindu Marriage Act, 1955

Desertion – If one of the spouses voluntarily abandons his/her partner for at least a period of two years, the abandoned spouse can file a divorce case on the ground of desertion.


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