Dear Client,

Child cannot use as chattel and against her wish. IF child herself had denied his presence, no force custody permitted. NO misconduct.

Complain to court on next hearing of his failure to honor his commitment. Better file contempt in HC court, that he abused the process of court for agreeing for mutual consent and now playing such tactics to fail the meditation process as agreed.

if you and your husband had entered into a mutual agreement and the said agreement mentions the date of First Motion and Second Motion specifically then you can proceed against your husband for not abiding with the terms of the deed and therefore liable for the offence of fraud and cheating.

1. If the daughter is not willing that is not misconduct you cannot force child even court cannot force on same.

2.See you can deny him custody of daughter , see such kind of kind of agreement cannot be enforced either divorce.will cancel if he withdraws his consent or you do so so yleother you can agree that you do not want property and can go with divorce then he might agree.

Do not withdraw your consent for mutual consent divorce 

2) court has granted one month extension fir property transfer 

3) send letter through your lawyer to fix date and time for registration of documents of property transfer 

4) retain property clause in MCD 

5) if husband fails to comply with court orders it amounts to contempt of court and you can take out contempt of court proceedings against your husband 

1) Now you don't transfer property on.his name nor on your name. Lets it will decide by him. One which you pay EMIs take possession of that flat and start living in it.

2) Till him that if in future you require any help regarding property transfer you will also not cooperate with him.

3) Meantime make register WILL of both the properties of your share and that will be transfer on your daughter name in future.

Even after the court in its wisdom granted 1 month extension to your husband to complete the transfer formalities, and if he chooses to go slow, then his intentions is to unnecessarily harass you. You could request the court the next time the matter is posted before the Hon'ble judges to fix two separate dates for completing the transfer procedures, and thereafter to take up the case on another fixed date as well. If by those dates the transfer process is not completed then seek permission from the court and withdraw your consent.

without the property clause your consent petition would be invalid, so you cannot remove the property clause.

In the first option you can get rid of him, but for that he should be willing, otherwise you will have to pursue your petition on grounds of cruelty, which is time consuming and the result could be 50 x 50.

1. If genuinely it is the daughter who does not want to go, it does not amount to misconduct.  However, establishing that it is the daughter and not you can be quite difficult.  The only way to avoid it is for you to stay out and not be the messenger.  If the daughter is refusing to go, ask him to come home and collect the daughter or bring the daughter to an agreed place and then record the entire exchange.   

2. From what you have mentioned, i understand that he is delaying the property transfer as he wants to do both the transfers simultaneously.  He is worried that if he transfers the property in your name, you will not cooperate for the other transfer.  However, do not under any circumstances, do away with the property clause as unresolved, this will cause you much more hassle than it is causing now.  It is necessary that all issues stand resolved and/or dissolved at the time of putting an end to your marriage. 

Since you have mentioned that are desirous of putting an end to your marriage, withdrawing your consent is not the correct solution.  Also why should you withdraw and let it reflect badly on you when your husband is the one who is not complying?  What you can do is that on the next date of hearing, try approaching the Judge and ask her to intervene and speak to your husband to resolve this issue.

Now this is the time that you have to speak to the court that you did not think that for the time should be allowed in this case as he is lingering on the subject.

The conditions decided in the mediation if it is agreed to you then you can request to the court that these conditions which is agreed by both the parties should be allowed and I was granted

Hello,

Send a legal notice to him for settling the dispute as per the agreement failing which you will be withdrawing your consent and filing the case against him. 

Also intimate the mediator also about such behavior.

Regards  

In the next hearing if he is still adopting the same dilatory tactics you may file a petition before the court mentioning his intention to not to comply with court order hence you withdraw your consent for mutual consent divorce.

Let the court decide about it.

After that you can continue with your original divorce case against him.

1 i am sure the daughter is not willing to meet her father. However till the agreement is executed do make this happen else your husband may refuse to give consent and mutual divorce would not happen.

2. It is a mere agreement and not a court order. So you can not force him to do . There is no option but to wait for him. otherwise withdraw yourself from the mediation and proceed with your contested divorce suit and file fresh cases.

3. Give him an ultimatum to wrap up the dispute in a time frame. Filing of cases is an option put pressure upon him. 

he cant refuse you can file contempt petition against him.

Dear Madam,

The following information may helpful to you.

Important Tips on agreement for mutual divorce in India:

• • The Mutual Divorce Agreement in India should contain all particulars including the name, address, age of both the parties with their photographs.

• • The Mutual Divorce Agreement should also contain the date and place of marriage and places of stay of the parties during their matrimony, giving the period of stay.

• • The Mutual Divorce Agreement should also contain the number of children if any with their age or date of birth.

• • The Mutual Divorce Agreement should especially contain the entire details of the properties of both the parties including their movable as well as immovable properties with their number, value, etc.

• • The Mutual Divorce Agreement in India should also contain the mode of distribution of the said properties and the transfer of the title of the property if any in the process.

• • The Mutual Divorce Agreement in India should also contain the date of which the parties are living separately and their locations.

• • The Mutual Divorce Agreement in India should clearly indicate the legal proceedings if any instituted or pending between the parties with the entire details.

• • The Mutual Divorce Agreement should clearly include the aspect that the entire dispute between the parties is being settled under the agreement and no claims of any past or future are payable in any manner which is not covered under the agreement for mutual divorce in India.

• • The Mutual Divorce Agreement should clearly spell that all proceedings, complaints, etc. stand settled under the agreement and no claim, counterclaim, etc. remains against each other, and any future complaint shall be treated as null and void if made after the agreement and both the parties shall be at liberty to close all proceedings by filing the copy of the settlement between the parties.

• • The Mutual Divorce Agreement should also contain that the wife has received all her Stridhan, Permanent alimony, and all other dues under the marriage and she is forgoing ( as the case may be) all her claims in the property or maintenance, etc.
    The Mutual Divorce Agreement should clearly contain the custody of the minor children and the arrangement made regarding their maintenance.
    The Mutual Divorce Agreement should also contain the date or the period and place where the proceedings of divorce by mutual consent between the parties would be launched.

• • The Mutual Divorce Agreement should also contain the terms of payment of the money or handing over of the assets at different stages of the case.
    The Mutual Divorce Agreement should be drafted on the stamp paper of appropriate value as per the local laws.

• The Mutual Divorce Agreement should contain the signatures, and thumb impression of both the parties and should be duly witnessed by two persons to give finality to it.