1) wife can with draw her consent for divorce by mutual consent
2) you must incorporate clause in the consent terms that if wife with draws her consent she would return the Rs 12.50 lakhs paid to her at time of filing of divorce petition
Mutual consent divorce
Hi Marriage Date: Dec'2007 Status: Never consummated Multiple family meetings: Alimony of 50 lacs then 35 lacs then 25 lacs demanded by wife's parents. Asking for 12,50,000 for filing MCD and 12,50,000 after 6 months. Can she deny divorce after 6 months? If she does then what happens to the amount paid at the time of filing? I don't trust them and there always have been a foul play from their side. Earlier Threads: https://www.kaanoon.com/15855/can-husband-file-for-annulment-on-grounds-of-non-consummation https://www.kaanoon.com/92239/divorce-procedure
Asked 7 years ago in Family Law
Religion: Sikh
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4 Answers
1. Generally it is safe to divide the money into 2 installments , the first of which is to paid at the time filing while the balance at the time if final hearing.
2. The wife on receipt of half of the alimony can always backtrack and hence refuse to give consent for mutual divorce .
3. You ave no remedy then.
4. This much of risk you will have to take unless you have option to keep the money in safe custody of someone whom she believes.
Although there is scope for either spouse to back out between 1st & 2nd motion , there are judicial pronouncements that if joint affidavit has been filed in mcd and terms of agreement have been adhered to by either spouse then the other party can not back out from the consent one sidedly.
2. Further , such an act by your wife will be construed as cruelty and divorce granted as per provision of HMA/ SMA.
You can enter into an agreement that the money given to her before filing shall be returned with interest if she is not cooperating for mutual consent divorce at the end of 6 months and that you will be entitled to recover the same from her by due process of law.
This agreement may help you tide over the situation.
