In a Divorce by mutual consent, both the parties have the freedom to withdraw their consent as the consent cannot be taken by coercion.However, If you and your wife had entered into a settlement agreement while filing the divorce by mutual consent whereby the In mutual consent divorce petition there is no exparte order is delivered by the court.The court is bound under such circumstances not to grant a decree of divorce. After the dismissal of mutual divorce petition either party can file divorce under the ground of cruelty or other grounds for getting divorce under HMA act.
Not allowing to enter home, and demanding huge for divorce
Me and my wife had filed for mutual divorce eight months ago after agreeing all terms. As per terms, I've transferred my flat (as gift, it was on both name) to her a month before 6 months cooling period, and I also left home as she wanted me to stay separate. Now on the day of final date, she backed out, she denied for signing. She hired another lawyer, and demanding huge that I can't afford, and not allowing to enter home to stay together, on entering home, she made police complaints of harassing.
Asked 5 years ago in Family Law
Religion: Hindu
29 Answers
Dear Client,
File contempt agasint her, that on the pretext of mutual diovrce she played fraud on you and court to get property gifted to her and now she is demanding more money to settle dispute.
Hope this was included in mutual consent divorce that she agree for MCD in lieu of property gifted in her favor. On this point , you can get the gift deed revoked too as same obtained by playing fraud.
I want to stay together as I can't afford divorce with her demands, but she is not allowing to enter home. She making a police complaint with false allegations. I want either stay together (that she is not allowing to enter home) or be separate with my reasonable/affordable demands. She is not agree for either. Please advise.
Asked 5 years ago
Firstly, a MCD Petition can be kept pending for 18 months. So let the Petition continue while you try to make your wife see sense. Enrol the help of relatives if required. Once the period of 18 month lapses, you can request the Court to pass the Decree of Divorce nevertheless as you have carried out your end of the compliances as mentioned in the Consent Terms. The Court is bound to accept the same.
1) if wife has refused to sign consent terms take out contempt of court proceedings against her
2) if your divorce petition is dismissed file appeal against order of dismissal as you have complied with consent terms
3) in appeal court would grant you divorce
4) also file case of cheating against her under section 420 of IPC
Better get the gift deed cancelled, at present she is sole owner by virtue of gift deed. She has absolute right to resist your enterence. Divorce wont be grant at this situation.
refuse to bow down to her demands
2) act as mentioned herein above
The flat was in your joint name and therefore you shouldn't have transferred it before the second motion. Anyways file a case for fraud and forgery against her. Also file an application in the hc in case of any fir.
Regards
1. The problem is you fulfilled her demand in full even before the decree is passed or the case was posted for final motion.
2. Now if she does not attend even after gifting her the flat, the suit will be dismissed.
3. That is why the terms is not be fulfilled in whole before the final motion.
After the dismissal of mutual divorce petition you can file Section 9 (Restitution of Conjugal Rights). Incase if wife does not appear after that the judge will proceed expartee on request which can be made orally by the counsel before the judge after you can file suit of divorce immediately showing cruelty.
See if the divorce is rejected on this ground and she is backing out now to extort more money file appeal on this rejection before high court in similar case Rajasthan high court granted relief to husband wherein wife backed out from divorce for extortion of amount.
As your wife is living separately as you have transferred your hair in the property through gift it to her as per the terms of gift deed you can revoke the gifted and trim your hair in the property by filing a civil suit to claim the share of the property that she has violated the terms and conditions of the agreement by which the property share was gifted to her along with that you have to file petition in family court under Section 9 of Hindu Marriage Act for restitution of conjugal right as the wife is not agree for divorce due to heavy demand of money and you have to withdraw your divorce petition in the court
Now we have next hearing on coming Monday. She demanding huge money. 1. Can she demand school fees during this petition is going on in court? 2. Can she demand school fees after the petition is dismissed while she is not allowing me to enter home and if/while context petition is running in court? 3. Should i take next date as I still have 10 months to petition get dismissed? 4. Should I withdraw petition, and file cheating case to get property back, or should i context for divorce as she not allowing me to come to home, should I file a case allow me to stay with her? 5. What if i context she doesn't give divorce, and demand same huge money and doesn't allow to stay with her. Will court order her to stay with me or reject my please as court only concerns about the divorce matters?
Asked 5 years ago
Instead of going to the other options you have to be driver petition and file a petition for title of the property that will make her to think of the element amount and the Restoration of conjugal rights petition will also create some problem her and she will be forced to live with you if you are talking about the educational fees of your wife that is not payable but in case any of your children are you studying and the fees was supported by the wife this is your responsibility and C can claim that in case this answer is not very clear to you then you can call me to discuss everything in detail
1) According to the provisions of Hindu Adoptions and Maintenance Act, a child can claim maintenance from his father.
2) The Hindu husband has a legal obligation to maintain his wife during his lifetime. However, if a wife ceases to be Hindu or lives separately under no legal grounds she looses the right to claim maintenance too.
1) wife can demand school fees of the child
2) seek adjournment if wife does not appear in court
3) if wife withdraw her consent then petition woukd be dismissed
4) you should not withdraw petition
5) don’t pay exhorbitant money demanded by her
She can demand interim maintenance from you but for the same she needs to file a separate application. If she is working you can also oppose the alimony. You can file a contested divorce if the said petition is dismissed
1. She can file maintenance petition on behalf of the child though same can be contested.
2. She can file maintenance on behalf of child under Crpc 125.
3. See let her come forward and take a decision at this stage it will not be appropriate for you taking date.
4. See do not withdraw the petition let the court pass order thenwe can contest same in high court.
1. What your wife has done is the modus operandi adopted by many women to seek unjust enrichment. You should not have transferred the flat before the mutual consent divorce.
2. Now the only remedy in your hands is to file contested divorce on the ground of cruelty.
1. If she is disallowing you to enter that home which you have gifted to her then she has every right to do so as she is now the absolute owner of it. You have no right to enter that property without her consent.
2. You can file a suit for declaration to declare that gift deed executed by you shall be cancelled as it was got executed in a fraudulent manner.
1. She can surely demand school fee of her child as maintaining children is a responsibility to be shouldered jointly by both parents.
2. You can take next date but if she does not appear in the court then the mutual consent divorce petition will eventually be dismissed.
Yes, School fees is recurring issue.
Once petition dismissed, not payable.
Can take adjournment.
Let the MCD proceed and subsequently file cancellation of gift deed suit.
To stay with her, you have to file applcaiton u/s 9 of Hindu Marriage act.
You withdraw the MCD and file contested divorce on the grounds of cruelty and can cite this also among the reasons for her cruelty.
You can even file a suit to cancel the gift deed you executed on her name., for the reasons mentioned thereon.
Let she give police complaint you can force your entry inside.
You can inform police not ti interfere in matrimonial issues.
1. No she has to file a fresh petition seeking the same.
2. She can claim maintenance by filing a separate petition.
3. You can withdraw the same.
4. You may withdraw this and file contested divorce on your own.
5. Let she contest the divorce case on merits
Court will not direct her to stay with you against her willingness.
I want to know the process and eligibility for suit to cancel the gift deed executed on her name. In MCD, It is just stated that, I will transfer the flat to my wife few days before the petition hearing date (end of six months cooling period), same I transferred to her. There is no other conditions stated in petition. It was our mutual agreement. Now she is refusing to sign, and demanding huge money. Yesterday we had 2nd date, she didn't appear. I have taken another date 15th May, so in mean time i can file a suit to cancel the gift deed so she can change her mind. Please let me know the process, eligibility, and cost involved to file a suit to cancel the gift deed executed on her name.
Asked 5 years ago
1) you have to file suit to set aside gift deed
2) legal fees depend upon lawyer engaged by you
3) courts is state subject and varies from state to state
4) it would depend upon market value of property
See a civil suit has to be filed in the civil court under specific performance act , for that grounds like fraud and cheating has to be taken.
1) cancellation of gift deed can be made with mutual consent of parties.
2) The property gifted may cancelled through the process of the court that gift deed executed by way of fraud or coercion then only court has power to cancel the gift deed.
3) If acting on the settlement you have made any payment, you can file a complaint for cheating on your wife.Alternately, the remedy available to you is to file a Divorce petition under any of the grounds mentioned under Section 13 of the Hindu Marriage Act, 1955. This would be a contested petition and may take a much longer period for you to get Divorced as compared to your current petition under Mutual grounds wherein the time taken is 6 months under normal circumstances.
You can file a suit for cancellation of the gift deed before civil court.
A suit in the civil court has to be filed for cancellation of the gift deed
You can file a suit for cancellation of gift deed executed ion her favor for the reasons you rely upon for this cancellation.
You may have to bring in proper documentary evidences to establish your pleadings seeking cancellation of the registered gift deed.
The condition precedent to the transfer of the property to her name was that she has to accept the property and in return she will agree for the mutual consent divorce, hence it can be considered as breach of trust which can be cited as a substantial reason for seeking cancellation of the gift deed.