• In IPC 13b after first motion wife refused in court

Me and my wife got married in 2007 by hindu marrige act. We have a child boy age 6.5 years. After marrige my wife blaim on me for any extra relation and affairs. In june 2015 she went her parents home. And send me a court notice ipc 125.and complaint in women cell. But after some time she offered for divorce. Finally we fill mutal divoce petition under ipc 13b.she take money from me according a agreement. And give my child in my custody in written. But after 4 month of first motion she enterd in my father home. And forcely said i live here. And if u try to take me out. I will sucied. In this activity my father maother included. Finally i live sperate on rent in another house. Bcz i don't want accept her in any condition. On second motion date she went court with my parents and they said we don't want divorce. But i want divorce. Plz sir tell me what i do at this time
Asked 7 years ago in Family Law
Religion: Hindu

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7 Answers

if wife with draws consent court would dismiss your divorce petition

2) you have stated that you have paid money to wife as per consent terms

3) how much money you paid?

4) was it by cash or cheque?

5) do you have proof of payment of money

6) if you have paid her money then you should file appeal against dismissal of your divorce petition before the HC

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

Dear Querist

you may claim your money back and file the divorce petition before the Family Court based on Cruelty U/s 13(1)(ia) of Hindu marriage Act-1955. along with an application of Section 26 of Hindu Marriage Act-1955 for child custody and also file an injunction application before the court for retraining order that without court permission she can not get custody of child from you.

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Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

you can file contested petition for divorce on grounds of mental cruelty

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1.If both parties does not agree then mutual divorce can not happen.

2. If that is so then filing contested suit for divorce remains only option.

3. To file the contested suit for divorce the ground would be ground for mental cruelty.

5. The instances of tortures and harassments would be ground for cruelty.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1. MCD petition cannot proceed to a logical conclusion unless both spouses appear in the court on the second motion to reiterate their consent.

2. Since your wife has revoked her consent the only remedy for you now is to file a petition for dissolution of marriage on the ground of cruelty.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

If your wife is not confirming the decision to dissolve the marriage by mutual consent during the second motion of the petition pending before court, you cannot compel her to accept it.

Instead allow the petition to be dismissed and file a fresh case of divorce on the grounds of cruelty and desertion.

This drama of mutual consent divorce case and withdrawing the same at the last moment can also be pleaded as ground for cruelty.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

If i fill section 13 petition. What is the main ground

You can file a contested divorce petition on the grounds of mental cruelty and desertion.

Withdrawal of mutual consent divorce petition is also a ground for depicting her cruel nature and harassment which would constitute mental cruelty.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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