You must have sought phone consultation

2) you can contact the administration if you are unable to get number of the lawyer with whom you sought phone consultation

3) if your wife withdraws her consent MCD would be dismissed

4) you have to file appeal against order of dismissal of MCD petition in HC as you ha ve made payment to wife of alimony amount

Hello sir , if she has recieved the payment and is not attending the court , she has commited a criminal offence of cheating .. However the divorce proceeding cannot procced futher , without her appearance .. But you can definitely file recovery suit to recover your amount and also file a criminal complaint of cheating in court

1.Legal right can not be waived by agreement.

2. So if she rfuses to come to to gice MCD you cna do nothing.

3.Now she can file case for maintenance afresh and demand monthly maintenance.

Hello sir , the external divorce is not legal .. The power to grant divorce is only with court , and cannot be obtained mutually by signing a affidavit ...2) who advised you , that divorce can obtained externally ..

your second marriage during subsistence of earlier marriage is illegal

2) unless your marriage is dissolved by family court you cannot remarry

3) your wife can file case of bigamy against you under section 494 of IPC

4) you can file case of cheating against your wife under section 420 of IPC if she refuses to attend court and your petition for MCD is dismissed as wife has already received the alimony amount in full and final settlement of her claim

Send her a legal notice immediately, calling upon her to attend the mutual consent divorce proceedings forthwith and mark her presence in the said pending case.

This will help, particularly because she's already accepted the full and final alimony is now belatedly trying to avoid the attend the said proceedings.

Hello,

In case of any inconvenience, you can write the grievance to https://www.kaanoon.com/contact and clarify the issue.

However, as per your query it is advised that if now subsequently your wife withdraws the consent from MCD then the case will be dismissed, however, you may challenge the order of dismissal of the MCD in the High Court.

Regards

It is also advised that he legal rights can not be waived off in lieu of an agreement.

Second marriage is void if the first marriage has not be dissolved by the family court.

If you deem fir you can file a criminal case also against your wife for cheating, if she has refused to take part in mcd AFTER RECEIVING THE MONEY.

Regards

If maintenance petition has been settled on the basis that you have to pay 1.25 lakh as maintenance and your wife co-operate in the MCD proceeding then your wife cannot retract from the mutual consent divorce petition. If she retracted from the divorce petition then you have right to stop the maintenance immediately and break the settlement deed. You should send her a notice or file in application before the court to express that due to unfulfillment of promise of your wife I have decided to stop the maintenance. the Supreme Court has held in BS Joshi  case that  wife cannot retract from mutual consent divorce if she got benefit in a settlement deed.

Dear author after checking everything I have advised you and you must come out of your misconception that once you have paid one time alimony your liability for maintenance ends.

There are dozens of such decisions wherein both high courts and supreme court has made it clear that by agreement the right of maintenance can never be relinquished and even after receiving the one time alimony the wife can once again file fresh case of maintenance once the money is finished.

So take actions accordingly.

1. Your lawyer is right as MCD petition has to be jointly prosecuted. If your wife does not appear then eventually the court will dismiss it.

2. If the MCD gets dismissed due to her default in appearance then you may file a petition for dissolution of marriage on the ground of cruelty. That she took the amount and yet did not come to court to dissolve the marriage through mutual consent will be an additional ground of cruelty against her.

3. Stamp paper divorce has no recognition of law.

4. You can also move the High Court for the quashing of FIR.

If the wife after accepting the one time settlement alimony amount and refusing to cooperate for the MCD, you can issue a legal notice asking her to either cooperate in getting the marriage dissolved as per the petition filed before court or else to refund the amount she has received towards alimony.

Then you wait for the court to dismiss the petition after which you can file a contested divorce case on the grounds of mental cruelty.

I got re-Married after external Divorce on Stamp paper and application for MCD, it Will impact on 384 or 420 case which we can appeal in High court against her.

Your re-marriage with another person on the basis of notarised divorce deed and just on the basis of filing petition for mutual consent divorce is an illegal act attracting the laws of of bigamy offence.

She may file a complaint against you for remarrying another person during the subsistence of marriage and the spouse living.

Hence don try to go for any legal action on this, instead suppress the act and try for getting divorce legally happen somehow.