• Divorce/498A

R/Sir/Madam

Please advice me.
Myself: From Delhi & working in Jhansi (Govt. Job)
Bride: From Allahabad & working in same company in Bhopal
Marriage date: Nov' 2013 (Delhi)
498A FIR: Aug'2014 (Allahabad)
Sec 8 (HMA) by me: Oct'2014 (Delhi)
498A FIR Quash: Aug'2015 (Allahabad) 
Sec 9 withdraw by me: Sep'15 (Delhi)

FIR quash by Allahabad high court on mutual agreement that I shall withdraw the sec 9 case then we will take divorce on mutual basis. but she is not interested to come court for divorce because she received the total maintenance amount from me & want to harass me for longer period. So, please help me what action I can take & what is the options i have.

Thanks with regards
DK
Asked 1 year ago in Criminal Law from Delhi, Delhi
Religion: Hindu
Hello,
1) If she is not willing to come forward for a divorce by mutual consent you should proceed with a unilateral divorce petition on grounds of mental cruelty.

2) As you have already paid paid maintenance you can contest any claims she would come up with. If she chooses to absent herself from proceedings continuously you can I get an ex  parte order in yourl favour

S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
The most important requirement for grant of divorce by mutual consent is free consent of both parties.It is clear that one of the parties may withdraw their consent at any time before the passing of the decree. If she is not come you file the against her for divorce under the ground cruelty and desertion. You also mention about the settlement aroused in maintenance issue. 
Ajay N S
Advocate, Ernakulam
1911 Answers
19 Consultations
5.0 on 5.0
Hi
The steps you followed is the problem created.  should have asked of the filing of the mutual consent the day when you withdraw the  RCR and  made her payment.

 Try to convince her through your lawyer. If she is not agreeable your option is to file an independent petition before  the court alleging cruelty and stating all the legal procedure and the agreement what was reached between you and her. 
The affidavit she  filed in the Hiigh Court will also help you
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
If she has received the entire agreed amount of maintenance and you have secured the evidence for that in the form of an acknowledgment or by cheque or DD payment, you may, on her refusal to sign th papers for mutual consent, file a contested divorce case on the grounds of cruelty as well as desertion. Next time when she lodges a complaint under the same section with the police, you may produce all those evidences including orders passed by Allahabad High court court quashing her earlier complaint on the same grounds. 
In fact all the evidences of the previous activities shall go in your favor if you include all those events in your pleadings in the divorce petition. 
You can file a divorce case in Delhi itself instead of going to Allahabad.
T Kalaiselvan
Advocate, Vellore
13971 Answers
127 Consultations
5.0 on 5.0
If the mutual agreement in High Court has been part of court orders then non compliance by her amounts to contempt of court for which you can approach same court and she will appear in court to comply. 
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
It was an unwise move on your part to pay her the entire amount before the conclusion of divorce proceedings. Be that as it may, if she does not come on board to file for mutual divorce then you may unilaterally file for divorce on the ground of her cruelty. She will be given an opportunity to contest your case.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
1. It is a blunder to pay the entire settled amount to the bride beforehand,

2. The correct way is to pay the maximum amount on the day of the 2nd motion of MCD petition,

3. You can not now enforce upon her the terms of the agreement she signed which includes taking MCD since divorce can not be taken based on agreement,

4. You shall have to file a divorce suit afresh on the ground of cruelty.
Krishna Kishore Ganguly
Advocate, Kolkata
12092 Answers
229 Consultations
5.0 on 5.0
There is a recent judgement of Bombay High court in this regard:
Bombay HC:- Neither Spouse can withdraw the Consent given during filing the Mutual Consent Divorce. 
The case details can be found in the case

Bombay High Court

Mr Rajesh S/O Pratap Sainani Hindu
vs

Mrs Bhavna W/O Rajesh Sainani … on 26 August, 2008

Bench: V.C. Daga

IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE

WRIT PETITION NO. 3556 OF 2008.

It was decided thus:
In the above view of the matter, it is evident that withdrawal of the consent by the petitioner-husband is tainted with mala fide, baseless and unjust consideration. The judgments of the Division Benches of this Court referred in paras 14 and 15 supra are not applicable to the facts of this case. The view taken by the learned Family Court is a reasonable and possible view. No case is made out to interfere with the order under challenge.
 In the result, Rule is discharged. The petition is dismissed with costs quantified in the sum of Rs. 25,000/- to be paid by the petitioner-husband to the respondent-wife.


Therefore it is apparent that she cannot withdraw her consent at a later stage.    You may consult your advocate to get the details of the case referred above which if very similar to your case. 
 
T Kalaiselvan
Advocate, Vellore
13971 Answers
127 Consultations
5.0 on 5.0
1. Yes, she can absent herself from attending he 2nd motion on April' 2016,

2. Not only delay, she can get the said MCD petition rejected by default by absenting herself since MCD petition shall have to be disposed of within 18 months rom the dat of its filing,

3. File a divorce suit if she fails to attend the Court on the next day of hearing.
Krishna Kishore Ganguly
Advocate, Kolkata
12092 Answers
229 Consultations
5.0 on 5.0
you should file a case against her for contempt of court. 

If a party accepted any terms before high court in application under section 482 crpc, then he is bound to obey the order of court. she is bound to appear before court and don't take unnecessary  adjournments. 
Shivendra Pratap Singh
Advocate, Lucknow
2735 Answers
41 Consultations
4.9 on 5.0

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