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Anil (Business)     08 April 2015

Wife willing to withdraw cases if i give her divorce

Can someone advice me if i should trust my wife or not ? I live abroad and wife has filed several cases on me and till today she is not able to serve me a single court notice. Now she has approached my family members and asked us that she is willing to withdraw all cases if i give her divorce. I am willing to give her divorce but i am also worried if she will withdraw the same and ultimately make me appear in court and then refile all cases again. I told her to take one sided divorce publishing on newspaper but she refused to take one sided divorce. She has ruined my sleep and i don't trust her. Can someone suggest if i should fall in this trap to get rid of the issue ASAP or should i tell her to take one sided divorce ?


 6 Replies

shahidkhan   08 April 2015

Agree for MCD and mention ur conditions too...ask her to withdraw all cases and sign an agreement...

N R Dash.. (Advocate)     08 April 2015

Go for mcd. Take the help of a learned advocate to draft your conditions. Ask your wife to withdraw all cases before you reach india and take the certified copies of the confirmation. Once a petition is withdrawn, refiling will be suspicious and put many questions on your wife.

recowerymoney (     08 April 2015

Once cases are withdrawn than that it is not simple to file again, so it getting divorce go ahead.

Anil (Business)     08 April 2015

Let me rephrase my question here - Are there any chances that a wife can break MCD agreement and then claim maintenance after that. If that happens then ultimately she is playing this trick to bring me to court. Until today neither of the notices are served on me and all cases are pending. So let's say if she withdraws all cases we both agree to MCD and before second motion if she backs off then my chances of getting exposed to other cases that she may file again are very high ! My goal is not to pay her any money and get divorce and her goal is to get as much as money she can and still get divorce. She couldn't serve me any notice since 5 years and yet all cases are still pending. We didn't live together even a single day. I got married on papers so that she can come abroad and now she has made me look as if i am big criminal. She has demanded 50 lakhs from me and i haven't even paid her 50 Rs till this date only because neither of the notices are served on me. Once that happens i will get huge bill. She has a boyfriend that she wants to marry but even that guy is telling her to get as much as money as she can so that they could marry and live happily. Please advice what would be the safest way to exit without paying any money and yet not appearing in court.

renuverma (advocate)     08 April 2015

It seems that your wife may probably breach the contract later as well.


as no summons have ever been served on you. keep calm. wait. get an agreement drafted by an advocate with entire state of facts, including that the marriage was not consummated and also that she is not interested to live with you and the marriage was just to let her go abroad etc...


u may file for annulment of marriage, then no clause of maintenance or other right shall occur on her part.


let the agreement get ready in background - get it signed by her and u. get it notarized also. simultaneously file for annulment of marriage and then submit this agreement.


Whatever agreement you may draft and may even apply for annulment but even there after you will  still be liable to pay alimony and maintenance till she marries again.

How ever you can also not legally marry till you get out of this matter.


So before MCD if all other criminal matters are withdrawn than at least the same can not be filed again.

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