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sangeetachavan (Project manager)     29 August 2009

x party divorce against mutual consent

my case is on since 2 yrs me n my wife have filed a mutual consent last year but later i changed my mind and withdrew the consent by saying that this matter cannot settle mutually as 498 should settle first. court asked us to settle 498 first and gave us time to settle the matter. we even settled the 498 matter and she cooperated very well. afterwhich court may grant the decree on the basis of mutual consent. but again i want to harrase my wife n not give her divorce n she cannot do anything as she herself has withdrawn 498a.

But i fear court may pass an x party decree on the basis of divorce as she has complied with the consent. how can i stop that? she has already withdrwan 498 as court direction.



Learning

 16 Replies

Vikas Dharmendra (Consultant)     29 August 2009

Why you want to haress you wife?

Let's cooperate and take divorce. 

1 Like

Mrs. Hetal Sunil Shah (Advocate)     29 August 2009

no such action - pl do not harras her. Think of their sacrefice of life and show some regards and give yr consent and get divorce. For sake of GOD do not be so evengeful. I am lady advocate. I work for men and women both. I have seen all climax of life of people. What you have done is sufficient. What she has done is more than sufficient now get rid of from her.

Adv. Deepak (Advocate)     30 August 2009

As far as mutual consent divorce is concerned, court cannot pass an ex-parte decree, that is sure, all my colleagues will agree.  However, she has withdrawn 498A case as per your request and as per the directions of the Hon'ble Court.  Hence, if you now say that you do not want to give consent, it may amount to contempt of court, as you have agreed before the court that 498 A matter should be settled first and then you will give your consent, and as per your request court has directed your wife to settle 498A matter and she has acted upon.  Hon'ble Court may initiate suo moto contempt action against you.  To avoid all this, Adv. Mrs. Hetal Sunil Shah has advised you very correctly and I do agree with her.  It is a better move to give consent to mutual divorce and settle the matter.  ddkharpudikar@indiatimes.com

1 Like

sangeetachavan (Project manager)     30 August 2009

i think let me frame the question correctly-

1)I withdrew concent saying 498 should settle first

2)court directed her to do so and she did

3)now i wanna withdraw consent again stating some reason as i dont want to give her divorce

4)in such a case what would be court verdict? will the court pass an x party decree as she has complied with court direction? or the court will still await my readyness?? 

sangeetachavan (Project manager)     30 August 2009

 

see the fact is she has ruined my reputation by 498A, plus i dont want to remarry neither i'll alow her to remarry.

1)since the 498 is gone now, i can take a chance to see the the matter still goes for a contest

2)or can i add few more clauses in the concent term now or can we make a fresh concent? i want to add that if she remarries the child will come to me??


(Guest)

Dear 78

I can understand ur state of mind ( wen u were charged wid 498.

now that its gone, but ur respect and the trust which u mit have had somewhr within you, for ur wife, is also gone.

that s the only reason, u want to be Revengeful.

see, my personal suggestion to u wud be, just take it easy, sometimes Women act stupidly in such matters cos of 3rd party influence.

u are a man, and older and more matured, so act maured (if u are). just prove it to 'yourself' only.

and let it go, so that u can start ur life Afresh.

its not easy, but very much possible.

all the best, now cheer up !

Anil.

p s - pls visit my thread too.

 

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     04 September 2009

Mr.Sangeet, My sympthy is with you but still u r not out of her range.

She can again file the same case to persue due to violation of consent agreement.

Else she can also file a case under Domestic violence Act, Maintenence and other cases.

So dont waste your life in litigation. but if you wanna do it then court will convert the 13-B case into other way of cruelty divorce.

In mutual divorce you can settle the terms and condition but in litigation, court can made any order and then you have to move in appeal.

About custody of child, you can claim at any time in compromise deed or even after her remarry.

If you can think about her distrubance then she may also think the same and now a days law is in favour of wife. So now it is your wish what you want.

Good luck

Regards

adv.kamal.grover@gmail.com

Dsingh (Tech Sr)     09 September 2009

I just fail to understand despite that girl being such a b*tch how can she have all the sympathy. The girl is a b*tch and she is not allowed to make false allegation she need to be taught a  lesson. I would use that money to make sure she sufferes and set an example for the others girls.This is not to teach her a lesson but to others too so that they don't misuse the law it. 

In my case the girls asked me to pay her 25lacs  as maintenance amount or she would move 498a against me and my relatives. I am fighting for it and will fight till my last breath. I have slogged hard here for 8years to save and how can someone expect me to pay that to someone who don't even care for me.

1 Like

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     09 September 2009

In mutual consent what you have written is the proof against you also and as per provisions of section 13, even if you withdraw the consent but is not living together for one year then court can decide divorce without your consent. So be carefull, we also want such type of examples.

Keep in your mind that that compromise can also save you but if it is drafted properly. read the compromise deed filed at the time of 13-B and then ask what you want further.

Good luck.

1 Like

sapna (self employed)     10 September 2009

I fully agree with Mrs.Shah Advocate and others .Once she has complied with the court direction and withdrew her case under 498-A, you are not supposed to act against the court direction.Enough is enough ,don't forget that in the process apart from you her life is also being ruined.Instead of wasting your energy thinking too hard for her and of taking revenge, give yourself another chance to live life. The such litigation is nothing but gross abuse of process of law .Under the garb of such revengetaking lessons, the cases of bonafide litigants suffer. Kindly think on that line otherwise the whole life is less for taking such revenge.

 

 

1 Like

Vikas Dharmendra (Consultant)     09 October 2009

How 498a is prevented? if it seems that wife is going to file this case against. is that can be filed anywhere?

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     09 October 2009

Yes Mr.D vikas ji, wife can file this case wherever she suits or living at any corner of india.

regards

adv.kamal.grover@g,mail.com

Vikas Dharmendra (Consultant)     09 October 2009

Even if she isliving separately snd can file after any period of time an even can she put false obligatins without any proof?        what are the prevention or steps should be taken in advance if it seems that wife is going to take this action?

Dharmesh Manjeshwar (Advocate/Lawyer)     09 October 2009

First I advise Mr. Vikas to post separate query ..... as this creates confusion ...... Someone here has posted his query and is looking out for advises n opinions ...... lets all help that person out first ...... i hope Mr.Vikas will not take it offensive and understand ......

Courts do not grant ex-parte divorce in a mutual consent petition ......... One has all the right to dissent at any point of time and withdraw his/her consent ..... In ur case U mention that U withdrew ur consent on the reasons that ur wife should first withdraw the 498A case filed by her ..... she complied ........ now again u feel u should not give ur consent ...... well U can do so ..... at that point of time u said what u felt was right ........ now U feel that U should not divorce ur wife ..... so u do not consent to give divorce to ur wife by mutual consent ..... there is no contempt of court ..... No court can force u to agree to give divorce to ur wife .... it's simple ..... consequently the mutual consent petiton will be dismissed for want of ur consent .... Ur wife will have to seek other remedy by filing separate petiton for divorce on other grounds ....

 


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