Me and my spouse Entered into a MCD and affidavit was made between us in front of both the lawyers and 6 months I have paid her the maintainence Amount against which receipt was given by her lawyer At the time of second motion she dint appeared 3 dates has been elapsed and case got dismissed Now I want to know what charges apart from 420 I can bring against her? And is there anyone who can represent my case in asansol court ? Let me know.. Being a man is it a crime and is there any law in favour of Man ?
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
Can This dismissal and her non appearance will help me in any way in contest Divorce to get justice ? And how?
No even charges of 420 can to he put against her for withdrawing consent from MCD.
See if she took money has not appeared file appeal vide writ petition on MCD case seeking wife took maintenance agreed for divorce but this amounts to more cruelty now she is not coming.
Rajasthan high court in such matter granted divorce to one person.
1) you can file an appeal against dismissal of your petition for divorce by mutual consent
2) file case of cheating against her under section 420 of IPC
3) contact a local lawyer
in alternative you can file fresh petition for divorce in family court on grounds of mental cruelty
2) you have to prove allegations made in divorce petition
Dear Sir,
Though MCD is the easiest way for getting divorce,it requires the presence of both the husband and wife,which is mandatory
after filing for mutual consent ... there is a counselling session which has to be attended to by both the parties .... if any party does not appear before the Counsellor and thereafter before the court .... then divorce will not be granted .... and there is nothing like ex-parte divorce on a petion filed for divorce by mutual consent.
Despite Settlement Agreement, Courts Cannot Compel Party To Consent To Mutual Divorce: Delhi HC
Yes, dismissal and non appearance of your wife will help you to get divorce.
you can file breach of contract and specific performance suit..
you will have to file fresh petition alleging any of the grounds available for divorce
Yes you can proceed with the divorce. You need to make out your case for 420 it is not so easy to establish 420 in court
she was free to withdraw her consent from the MCD petition which you both had filed jointly.
You cannot even institute a 430 case against her just because she withdrew her consent midway; rather you should contest a case of divorce against her on ground available to you under section 13 HMA>
The mcd petition is based upon mutual consent and if consent is absent the petition cannot survive. She didn't appear but that cannot be the ground of lodging an fir under section 420.
These incidents mean that she is not to be trusted. You should file a divorce petition in the family court. That is the only way out now.it will surely help you in the divorce proceedings.
Regards
The dismissal of mutual consent divorce case because non appearance of your wife and the payment made during the motion you can and you can file FIR under section 420 and 406 against your wife these are the appropriate sections for cheating and misappropriation of your money
1. Your wife has the legal right to withdraw her consent for mutual consent divorce.
2. Six months coolong period is allowed by thelaw to enable both the parties to decide whether they still want divorce or not.
3. You can not file any case of cherating against her for not appearing on the day of the 2nd motiuon of the MCD.
4. File a divorce suit on appropraie ground like cruelty against her.
1. No. This is no ground for seeking divorce decree.
2. You shall have to file the divorce suit on the ground of cruelty now submitting evidence in support of your allegation.
Well, there is conflict of decisions of various high courts on this.
Taking into account of the growing misuse of this provision by wives the Delhi high court recently passed a decisions to press the charge of cheating u/s 420 IPC if the wife after taking money refuses to appear on the occasion of final motion.
However to proceed with this charge a MOU containing this clause must entail filing the MCD .
1. A criminal case under Section 406 IPC for criminal breach of trust and Section 420 IPC for cheating is made out against her. This apart, a suit for recovery of money has to be filed in the civil court to recover with damages the amount you had paid to her in pursuance of the MCD Petition.
2. You are free to file a petition for divorce on the ground of cruelty.
You cannot lodge a criminal case that too under section 420 against her for not appearing before court for the second motion just because she cannot be forced to give her consent for mutual consent divorce.
It is her own will and wish, if she is not turning up then you may file a contested divorce on the ground of cruelty.
You can proceed with the contested divorce case instead of wasting time on such criminal cases which are not maintainable.
Of course her refusal to turn up to the second motion due to which the MCD has been dismissed is a strong ground for you to depict her cruel attitude and behavior, it is an advantageous situation to you.
You can proceed with the proposed contested divorce ion the grounds of cruelty.