what happened in mutual divorce case¿ Any way

1. If the mutual divorce petition is pending in court for final hearing (court may have adjourned the same after cooling period of six months) you may file a memo or report to the court that you are not willing to give consent to divorce and the same has been obtained by fraud. Once you report the same to the court , on your objection of consent to divorce, the court will dismiss the mutual consent petition.

2. In case divorce already granted, you may file a petition to reopen the divorce decree to set aside the same. Because your consent was received based on the false promise of maintenance amount.

3. You can approach the for permanent maintenance amount for you and your children by filing a separate maintenance petition. 

4. You can also reopen the domestic violence complaint.

You can file a caveat to revive all the cases you earlier filed against him. It wpuld have been mentioned in mutual consent petition that if he doesn't completes the mutual consent petition than all the cases will revive, 

File caveat.

And a new FIR of 406IPc

See you can file a case of maintenance before the court and further if mutual consent divorce is not granted you may withdraw same.

Further in the Domestic violence case you can file an application to restore the same as the settlement was done on false grounds.

If he has not paid the mutually agreed amount then you may withdraw your consent in the ongoing mutual consent divorce case.

Since your divorce has not taken place yet, you can give a fresh criminal complaint with the police as well as file a fresh DV case against him since the offences or continuing offence in nature, hence they will be maintainable.

Whatever it would be better that you wait for the lifting of this lock down.

You need to approach the court and file contempt proceedings against him. He will be directed by court to pay the same. In lockdown you need to file urgent proceedings

Have to file contempt petition along with cheque bounce case. Contempt petition will deliver good result. Hire good advocate. 

To your horror, have to wait till court resume routine course. 

And about criminal case , that can be re file , if closer report dose not mention compromise .

Since the cheques are dishonored you cannot lodge criminak complaint since the limitations is over however file a civil suit for recovery of money based on the cheques also alternatively file another suit for maintenence under 125 CrPC. Please note that legal notice must be issued before you file for recovery of money suit. 

Ans: As you yourself said its lock-down you cannot really venture out of the house. Either move an execution application or  re-open the closed FIR from the local police station, once the lock-down is lifted.

Hello, 

During the lock down you can send a legal notice for the payment of the pending amount and if the same is not paid till the end of lockdown, you may go ahead and file a contempt case against the husband. 

Regards 

1. In the proceeding for mutual the terms of settlement is to be complied with willingly and if the terms are faulted with then the parties have the option to refuse to [participate in the proceeding.

2. In other words during its pendeny any of the parties after refusing to abide by its terms can come out of it and get the case dismissed for default.

3. So the other party has no remedy in the mutual divorce proceeding though he/she has fresh cause of action to explore his remedy by filing a new case. 

The fir can again be filed as the offence was committed although the complaint was taken back after assurances of mutual consent divorce. Therefore file a complaint case against him before the magistrate.

The mutual consent divorce application cannot survive unless he comes back. Therefore withdraw the same after the court reopens.

Issue legal notice to husband to comply with consent terms and pay alimony amount agreed 

2) if no payment is received take out execution proceedings in family court against your husband 

3) in alternative take out contempt of court proceedings against husband in HC

1. Was the mutual divorce eventually granted by the court?

2. If decree was eventually passed by the court and marriage was dissolved then you can file execution petition to execute the decree to the extent that he has defaulted in payment of the amount he was held liable to pay by the decree.

3. It was most unwise to have got 498A quashed before the mutual divorce was granted.

4. If cheques were issued and delivered to you and they bounced on presentation then you should have initiated the remedy under 138 NI Act.

5. Due to lockdown the courts are presently hearing only urgent cases, but the regular functioning of courts in Jaipur is likely to resume in the first week of June. You can then file the execution petition.

1. presuming the time for filing a cheque bounce case has been elapsed, therefore, you can file a civil suit for the recovery of the amount but it will be a hectic procedure with a low impact on the other party (ex husband)

2. now, you have another option to file a case to set aside the divorce decree on the basis of breach of condition by one party, 

the case will be filed in the same court which had granted the decree means at Jaipur, which will be convenient for you,

the said case will have  a strong impact on the other party,

3. in addition to the set-aside petition you can also file a contempt of the court petition against your husband,

you can consult me for a thorough discussion

Madam,

You are suggested to file the contempt of court apart from restoration case of DV. 

Respected mam . ..

You have to wait for opening of court just after lockdown you have many options available for you ...as cheque given by him is not cleared and got bounced then you have right available for file a complaint under section 138 of negotiable instruments act ...and another petition for the contempt of court for that decree where he stated that he will pay in three instalment ...both the facts goes against him and he will definitely be punished...

Thank you

Mutual agreement does not have any legal force .

Opposite party may approach court with plea for seeking legal remedies and court can not deny to give opportunity to the party from being heard heard to take a final decision. 

So better you approach court for a fresh maintenance claim. 

First of all if the last cheque which has been bounced due to insufficient fund is within one month ask your lawyer to send a demand notice and file a case under section 138 of the Negotiable instruments act. Moreover inform the family court about the same. 

You can also file a fresh case under section 125 of the crpc for maintainence.

Regards

It appears that, you obtained you obtained Mutual Consent Divorce going by contents of your post.

Immediately, issue notice to you Husband, preferably through Advocate, to comply with the consent terms & conditions of your Agreement, if he fails to respond.

You can initiate Execution Proceedings against him if he fails to comply with T&C of Agreement.

Further, you can also initiate Contempt Proceedings against him for non complying with the orders of the Court.

Hi

At the outset, your case of non payment of terms of compromise comes under urgency and as such the family court, civil court and criminal court will hear the matter through video conferencing and you may advise your lawyer to file the requisite documents online(all courts are now receiving petitions/applications online during the lock down).

You have the following 5 options:

1) File a civil contempt  under section 2(b) of contempt of court act in family court which granted decree as terms of compromise has been violated. 

2) File a criminal contempt under section 19 (1)(b) of contempt of court act in Sessions court having jurisdiction over courts in which divorce was granted. 

3) File an execution petition in civil court having jurisdiction over family court and seek for attachment of properties of husband for non payment of amount. 

4) File a cheque bounce case against the husband under 138 Negotiable instruments act( cheques given in lieu of compromise is also an acknowledged debt) based on bounced cheques and 

5) The last option is for annulment of divorce decree granted by the courts on ground that terms of compromise are breached . 

Please note that all of the 5 options can be exercised by you separately or concurrently (as you can initiate all of the 5 proceedings concurrently ) as non adherence of terms of compromise agreement is a civil, criminal and matrimonial offence. 

Hope this information is useful. 

Hi, since he has violated the conditions therefore the divorce cannot happen ..Also you can again file the complaint along with 420 IPC for cheating 

U will have to wait till d courts open. 

Once it is done u file the petition of not receive ing d amt. This is d only procedure

Dear querist, 

If you have got the order from the court of maintenance, then its a judicial order and non followance of the order by the court is a clear case of contempt of court. In this situation, once the court opens, you can file the contempt of courts order application and since you have mentioned that he issued certain cheques in your name which were dishonored, in such case subsequent cheque bounce case can be filed on the cheque amount. You have closed your F.I.R but since it was closed on the mutually agreed terms which are nit followed, another F.I.R can be filed on that basis. 

You can contact me for consultation, in case you require my assistance. 

Regards, 

YUGANSHU SHARMA 

ADVOCATE 

- As per law, Divorce by mutual consent is final and binding, and thus cannot be challenged in any Court by either of the parties.

- The basis of such divorce is mutual consent and since both parties consented to the divorce, they cannot breach the agreement and decisions.

- Hence, the Decree granted under the mutual consent, and based agreement is final & unchallengeable by either of the parties.  

- Even, he will try to breach the agreement and decision of the case, then it will be considered as Contempt of the court.

- Since , after not complying the agreement of mutual divorce , you husband has committed an offence of contempt of court. 

- Hence, you should file a Contempt petition before the same court, that has passed the decree of divorce. 

- Further you can file a cheque bouncing case under section N.I.Act , if the date of cheque has not crossed 3 months from the date of mentioned on the cheque . However, the lockdown period will not counted for the same. 

It amounts contempt of court. Move High Court. 

1. You should file execution petition as soon as lockdown is lifted and courts starts it's functioning. 

2. Mention that cheques got bounced and they promised to pay in cash but now refusing to pay the amount.

you may sue him for contempt of court and also can seek compensation as well as the balance amount. If the settlement amount was not part of MCD, then you may file a separate maintenance case under section 125 of cr.p.c. or for alimony and one time settlement under section 25 of Hindu marriage act.

You can go in revision in higher court against that judge to pass appropriate direction

You can contact Mr Ashish Davesar from this website 

2) he is from Jaipur 

What about your own lawyer?

Is he/she not cooperating?

It will not be advisable to change the lawyer at this stage especially in the given lock down situation,  the courts are not entertaining normal cases. 

However if you still insist on engaging the services of a new lawyer in the local you may make a search through your own sources or look for one from this forum too.

- Yes, you should approach a local lawyer , and may be arranged from this website. 

- However , you can also pursue the divorce case as well. 

Contact particular lawyer. Help can will be provided

there are number of lawyers in this website from jaipur having good ratings . you can check their profile on the website and contact through the website for further assistance.. 

Why don`t you press in cheque bounce case to issue warrants, Once warrants issued, things will move in your favor.  

Madam, 

This is not the right forum for asking directly an advocate help you. You may go to "Talk to a lawyer" or "Hire a lawyer" of Kaanoon.com. It is intimated that it is not the solicitation of any kind, rather the information regarding the process.  

The mutual consent divorce petition would be dismissed if he doesn't turn up. For cheque bounce case it should be pursued.

Have you filed domestic violence and other charges against him if these incidents had happened. Go ahead and file these cases.