• Divorce by mutual concent

I married a girl on 28th April 2016 and it was an arrange marriage, She put false allegation on me that I am having affair with my cousin sister. When I called her parents to make her understand but her parents supported her and took her back on 15th may 2016. I tried many times to make her understand that she is having some misunderstanding and to bring her back but she started making false stories. Also she refused to stay with my parents, by seeing all these we both and our family decided to go for mutual consent and on 12.12.2016 we signed mutual consent agreement and returned back all the stuffs which we have taken at the time of marriage through an affidavit and She herself came with her family members and took all the stuffs. I am having video proof of this incident . Now if she turned down at the time of filling the petition after completion of one year and refused to sign in front of family court magistrate, what will be the best option I can do, can she make any false FIR of dowry and harassment. Can she demand any alimony as she is working in some private shop. Please advise.
Asked 7 years ago in Family Law
Religion: Hindu

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5 Answers

1) if wife refuses to agree for divorce by mutual consent you will have to file petition for divorce on grounds of mental cruelty

2) in case wife files any false case of dowry harassment rely upon mutual consent agreement and obtain AB from sessions court

3) wife can demand alimony .

4) if there is not substantial difference in your income court would not award her alimony

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

if wife has maligned your and sister reputation then you cna file complaint under section 500 of IPC for defamation

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

Mutual divorce happens when both parties appear in the date of final hearing.

If one of the parties retracts form it no case can be filed agaisnt her either.

If your wife is unemployed she can file case for maintenance as well.

Yes, she can file false case u/s 498A, 406 IPC.

If she publicly defames you or your family members you can file criminal case of defamation.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

The question is about the mutual consent divorce and you both have already arrived at a divorce agreement and agreed to abide by the conditions thereon.

You should not get such doubts at this stage especially if she has already given her consent for everything as per the divorce agreement.

Well in case she is not turning up for divorce, then you can file a separate case on the grounds of cruelty and can mention all those happened prior to this and seek divorce on mental cruelty grounds due to her mental tortures.

If she is lodging a criminal complaint with police for the dowry demand offences, you may produce the evidences you possess before police, if they dont accept your innocence then you may obtain AB and challenge her false case before court.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

Can I file defamation case on my wife for making bad statement or false allegation on me and my sisters character.

Yes, if the imputations are injuring your reputation, you can very well proceed.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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