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(Guest)

Wife not comimg for divorce after accepting money

 There was compromise between husband and wife.Husband has given lumpsum future maintenance allowance, and streedhan to wife.it was settled before mediator that wife will assist  husband in withdrawal  of 498A case and getting divorce by mutual consent.divorce deed is executed before Notary. she has accepted before court in maintenance proceeding that she has received all  settled maintenance money.

maintenance case was withdrawn by wife.Now she has refused to come to court for divorce by mutual consent and withdrawal of 498A case.what legal  remedy is available to husband  when wife has committed breach of undertaking before court and Notary.plz give relevent case law.


Learning

 3 Replies

R K........ (Analyst)     20 July 2013

Try to know why she has done this. She s making her case week by doing these kind of things

ashoksrivastava (scientist)     20 July 2013

@Beni Prasad As per the facts of the case 498a can be quashed under crpc 482 citing"Ruchi Agarwal vs Amit Kumar Agrawal & Ors on 5 November, 2004 Supreme court".However divorce can't be forced under present laws for her volteface. Regards Ashok

PARUL (Lawyer)     20 July 2013

Did both the matters of 498 & 125 go to mediator ? If YES, the mediator must have taken the undertaking in written & he must have sent a copy to the court. So do not worry about withdrawal of 498A. If divorce deed is executed before the notary then it is valid & divorce is already done. (applicable for only "others" category)


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