Yes, you can appeal before High Court. She is bound to follow the provisions of the agreement.
Remedy for complicated divorce case
On June 2018 i have filed an unilateral divorce case against my wife.and on August she agreed for mutual and as per agreement one part payment has been done and monthly alimony was also paid for 7months but finally for second motion she didn't appeared neither withdrew her consent and it's pending till date and to ny surprise she appeared in the contest case and claimed alimony.. What is the way out and what's my fault and I have abided by as per Agreement she broke it Can I appeal to higher court !
Asked 5 years ago in Family Law
Religion: Hindu
13 Answers
How are two cases running for the same cause of action? Your divorce case should have been converted to divorce my mutual consent.
Now, if two cases are running erroneously, then you file a rejoinder in the second case (which is contested divorce) that a previous divorce by mutual consent is already subjudice, so this case be dismissed
if your divorce petition is dismissed as wife has with drawn her consent file appeal against said dismissal before HC as you have acted on consent terms made part payment to her
If she has refused to appear in court in the second motion then there is nothing you can do. You should appear in the case to contest the divorce proceedings and state these issues before the court and the reasons why you want divorce. The court shall consider these aspects and the money you have paid shall be taken in to account while deciding the case.
Regards
The fact of breach of agreement, divorce terms condition, will work for you and reflect her character before The court during other cases,
Now you have to contest the contested divorce petition.
no need to appeal in High Court, will be a time/money waste.
Woman does it many times you can file appeal but it will be of no use. Better you contest the same in family court and prove her false through evidence and cross examination
See in case withdraws consent now for divorce.file a appeal in high.court challenging the order of court on ground wife for extortion of money is withdrawing the consent.
The rajasthan high court passed such order when mutual divorce consent was withdrawn by wife.
There is no remedy against the breach of terms set in the petition for mutual divorce.
So, do not wait for her anymore and file a case for contested divorce.
No appeal lies in any other court. Once can refuse to comply the terms of mutual divorce and get it dismissed by her non appearance.
In a Diivorce 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 amount of maintenance was mentioned and other terms and conditions of separation were enumerated, then you can initiate a contempt of court proceedings against the wife. (This has been recently allowed by the Delhi High Court).
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.
File contempt agasint her.
Dear Sir,
It is a breach of contract and you can make a big issue out of it by filing a private complaint since it is a offence of cheating. Please engage an intelligent advocate and enlarge the law since instances increasing day by day.
1. Your fault is that you have not consulted with a lawyer having experience in this field before making payment as per the agreement signed by you.
2. Yopu both should have filed a petition praying for converting the divorce suit filed by you to MCD petition as per the MOU/ASgreement signed by both of you.
3. You should have agreed to pay the agreed amount on the date odf the 2nd motion.
4. In fact, without withdrawing the divorce suit, MCD can not be filed.
5. However, contest the divorce suit fittingly.
The pending cases have not been decided by the trial court hence there is no question of preferring an appeal on this.
If she is not interested in the mutual consent divorce anymore then you may withdraw the same and continue the contested divorce more vigorously.
You may ask her about her intention to participate in the mutual consent divorce case.
You can ask your lawyer to talk to her lawyer about this and decide further course of legal action on this.
