• Mutual consent

I have singed the Mutual Consent because of my wife's Advocate and Mahila Thana SHO Pressure. they pressurized me to signed the Mutual Consent, otherwise they could have putted my family behind the bars as they were telling, I was talking to Mahila SHO and Explaining her about the truth regarding false allegation 498A,323,504,506,377,354-A,354B on me even i had the stay arrest order but none of them were listening to us and forcing us to do settlement. The Girls only lived 40 days with me in six months and then did FIR against me. she took all jewelries and all valuable before filing the FIR.She done the Mutual consent on 18 Lac rupees. where i had given 8lac in 1st motion and need to give 10Lac in second Motion. So, i don't want to go in Second motion, My question is that what will happened if i don't attend the Second motion, what action they can take against me. Please help me.
Asked 6 years ago in Family Law
Religion: Hindu

11 answers received in 1 day.

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14 Answers

Respected sir..

the best would be that you will give them just 10 lacks and get aparted from her ,as it is not a new thing is society each and ever person weather who is a police official or any judge who have to decide these type of case want to solve these disputes ..in these type of cases court simply suggest that either you can leave together with love or be seprated with love..sir avoid each and everything ...just go ahead for divorce ...i am advice you this as a brother not an advocate else upto you ....if she want to get the remaning 10 lacks she will wait else she will request to the court in your absence that pass an ex -party order in her favour judge giving you an oppurtinity will pass the decree ...he can not take any legal action against you ,nor you bind by law to go on that..so be relaxed and make your mind clear weather you want to join court procedings at the time second motion...

Thanku

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

1) if you dont appear in court at time of second motion case would be adjourned

2) if you with draw your consent petition would be dismissed

3) it is in your contest to appear in court and get divorced

4)dowry harassment case would be quashed with consent of parties by HC

5) you will have to file petition in Hc for quashing under section 482 of cr pc

6) in no FIR has been registered wife can with draw complaint before CAW cell and not necessary to approach HC

Ajay Sethi
Advocate, Mumbai
94821 Answers
7557 Consultations

5.0 on 5.0

1.If you do not complete the MCD then you can very welldoso.No one can force you to complete the MCD against your will.

2.If The SHO pressurized you then you can lodge complaint agaisnt her.

3. Since she has signed the MCD petition she cannot force her allegations anymore which will help you further.

4.You can on the contrary file case agaisnt her u/s406,506,500 IPC.

Devajyoti Barman
Advocate, Kolkata
22840 Answers
490 Consultations

5.0 on 5.0

Dear Querist

You have right to withdraw your consent at any time before recording the statement of second motion of divorce.

They may start the criminal case against you and if she is not able to maintain herself then she can claim maintenance from you which can be 1/3 of your income.

Feel free to call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

In mutual consent case nothing will happen to you and the case will be dismissed if you will not appear. If anybody is pressurizing you then you can complain about it to her senior officers and take guidance from a good advocate.

Gopender
Advocate, New Delhi
384 Answers

4.9 on 5.0

The mutual consent proceedings shall stay abated.

They will file a case of divorce and then you will have to contest the same.

Regards

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

Hi,

If you have proofs in your favour that "498A,323,504,506,377,354-A,354B" following sections are not made out on you and your family then refuse to sign second motion and contest this case. then you have to file different divorce petition.

Now my suggestion is that Pay 10 lakh and get the second motion done. Take divorce , move on in life and earn money and live happily. This is the fastest way to sort out the matter otherwise some precious years of your life can be reuined in court proceedings.

GET THE PAYMENT MENTIONED IN MUTUAL CONSENT DIVORCE SECOND MOTION STATEMENT.

ALSO GET IT WRITTEN IN THAT STATEMENT THAT THEY WILL HAVE TO WITHDRAW ALL THE CASES AGAINST YOU AND WILL NOT FILE ANYTHING AGAINST YOU IN FUTURE.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

My Dear Friend,

Please Do not panic.

What are the allegations made by your wife against you & your other family members in her 498--A, 323, 504, 506, 377, 354-A & 354-B application, defeat / destroy them by doing thorough research in collecting information, documents, evidence etc., against her alleged allegations.

Go all out in defeating the said allegations with documentary proof.

What are the contents of FIR try and defeat the contents as stated above. Your duty for now is to collate information, documents and/or evidence to defeat her allegations and also the FIR alonwith the findings of Charge Sheet (if the same is filed). You can also go for Quash of the same.

No need to respond to the Police when they call you. Politely tell them that since FIR is filed case is sub-judice before appropriate Court, handle it diplomatically. Further, keep record of all the calls you receive from alleged Police people for further reference & use.

In response to contents of your post:

Police has no authority to take law into their hands and make settlements. Their domain is restricted once they file FIR / Charge Sheet. You may claim in your defence stating that, upon duress, force, undue influence and coercion you had paid the first chunk of money and signed documents in Police Station (you need to prove your version, beware !!!) as far as, the second chunk is concerned you can protest and need not pay the same. Share the T & C of your alleged MCD document.

In response to contents of your post about second motion:

Since your issue is sub judice before appropriate Court, avoid to meet them diplomatically. You write to them under acknowledgement refusing to meet them on above ground, make sure not to provoke them. Your diplomacy will come to your rescue. All payments / settlements (to be made through Bank only) to be done before court of even jurisdiction before which your case falls, till then avoid one and all diplomatically without causing any nuisance.

May God Bless You Buddy.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

They can do nothing against you.

If you skip the second motion, the court will not grant divorce by mutual consent. However, it is advisable that you appear before the Court and withdraw your consent. You can appear before the Court and inform that same that you do not wish to divorce your wife.

Vibhanshu Srivastava
Advocate, Lucknow
9601 Answers
303 Consultations

5.0 on 5.0

Any of the parties may withdraw their consent at any time before the passing of the decree. Free consent of both parties is the essence and unless the court is completely satisfied on this it cannot grant a decree for divorce by mutual consent.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

Consent once given by a party in filing such a petition together with the other party is revocable. To have a decree of divorce by mutual consent, it is necessary that consent to have such a decree shall not be withdrawn during pendency of the petition.

Law provides that when a divorce is sought on the ground of mutual consent, Court is to be satisfied that such consent has not been obtained by force, fraud or undue influence. (Section 23).

Decree obtained by practising fraud can be recalled by the Court.

Dalip Singh
Advocate, New Delhi
1085 Answers
36 Consultations

5.0 on 5.0

You should not have accepted the mutual consent divorce even under any pressure.

The police or lawyer cannot force you to accept this agreement for such a heavy amount

You can express your unwillingness before the court for the proposed divorce under mutual consent during second motion and can issue a legal notice demanding her to return the amount she has already received from you.

T Kalaiselvan
Advocate, Vellore
85022 Answers
2208 Consultations

5.0 on 5.0

Dear Client,

Since the mutual consent is not taken in the court, your are not obliged to honor it.

Under stay order police cannot arrest you n ur family n calls u again n again. Appoint competent advocate.

Yogendra Singh Rajawat
Advocate, Jaipur
22661 Answers
31 Consultations

4.4 on 5.0

No need to attend 2nd motion because settlement in police station has no value. Ultimately FIR have to be qusahed in Highcourt. If both the parties ready then file an application for quashing of FIR in Highcourt on the basis of compromise. And if you feel you are dragged in false FIR you have an option to put a cross enquiry against said girl. Or file an application for quashing of FIR on merits in Highcourt.

Rajesh Kumar
Advocate, Ludhiana
119 Answers
1 Consultation

4.3 on 5.0

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