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Naim (Clerk)     19 August 2017

Quash at high court but wife...

Dear Legal Experts

Wife filled Cases u/s 498a,  406 and 3/4 DP act.

Also DVC with maintenance, which was granted 10 K/month.

DVC maintained by Session court with 10 K/Month.

Mean while we had compromise and appeal to high court for quash of all criminal cases.

High court quashed the all criminal cases against all the accused, and a Demand draft of Rs10 Lac was given to the wife at High court, also it was decided that the both husband and wife will proceed to take divorce in family court.

Now both applied for MCD in Family court, wife didn’t turn up and court dismissed the case of Divorce.

Now Wife threatening that she don’t want to compromise, ready to return the 10 Lac amount and want to fight back the case.

  1. What is the legal stand in this scenario?
  2. What should be the legal stand from Husband point of view?

Please give your expert comment.

Regards



Learning

 10 Replies

Siddharth Srivastava (Advocate)     19 August 2017

Go stratigically. Earllier cases are closed now by virtue of high court order and as there is no fresh cause of action so fresh case if filed by your estrangedwife will not succeed. Since your wife has not turned up for Divorce by mutual consent hence file fresh case on the ground of cruelty. Sidharth 9811776422

1 Like

Sachin (N.A)     19 August 2017

Rightly adviced by Adv Sidharth Shrivastava

Nitish Banka (lawyer)     20 August 2017

If she has agreed in High Court and settlement  has arrived you can move contempt of court if directions are there in HC order.

Adv. Nitish Banka

9891549997

Founder lexspeak  

 

1 Like

Naim (Clerk)     21 August 2017

Dear Experts,

Wife is saying that she will return back the 10 lac amount in court and restart the case.

Can husband proceed with Divorce case from his side based on Cruelty? 

What will be the repurcussions if Husband files contempt of court?

Regards

Sachin (N.A)     21 August 2017

Originally posted by : Naim
Dear Experts,

Wife is saying that she will return back the 10 lac amount in court and restart the case.

Can husband proceed with Divorce case from his side based on Cruelty? 

What will be the repurcussions if Husband files contempt of court?

Regards

 

Let her return your money.

Once FIR is quashed by HC, the FIR cannot be reopened without any fresh cause. You should file the case of divorce on the ground of cruelty as unilateral withdraw of consent of divorce is cruelty

Naim (Clerk)     15 September 2017

Dear Experts

Finally message came from wife lawyer that she is not interested in giving Divorce and shall not go for MCD.

In HC order it was mentioned that both will proceed further for Divorce.

Dear Experts, Please guide step by step what course of action should be initiated by Husband.

What could be the strategy of Wife, what action she can initiate, what damage she can cause to Husband now?

Plz reply

Siddharth Srivastava (Advocate)     15 September 2017

Consult in detail good lawyer of your choice with all facts and case paper. Pl donot forget to pay him also.

Naim (Clerk)     15 September 2017

It will be great on your part if you can through some of your valuable expert comment..

Naim (Clerk)     15 September 2017

It will be great on your part if you can through some of your valuable expert comment..

Naim (Clerk)     15 September 2017

It will be great on your part if you can through some of your valuable expert comment..

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