Return her personal belongings at time of hearing of second motion
prepare list of her belongings including phone and obtain acknowledgment that she has received it and there is no exchange pending between parties
Guidance for submission in final court hearing for mutual divorce
Hello all, I have final hearing for Mutual divorce after 6 months of cooling period. Previously the wife just stayed at my place for 15 days, and went her home as she was having affair with her boyfriend and wanted to continue. After some days they started blackmailing me and my family and put false allegations for dowry in Womens cell and demanded for money. I choosed to pay money rather than of mental harassment. For first hearing in court in Mutual divorce, I have paid them half of amount. After taking the amount they again blackmailed me that they will lodge a complaint saying that I am using her email id and phone,which I am not using. I have her phone with me , in which there are chats with her boyfriend and many other proofs.Also after marriage my number is linked to her email id. After filling divorce I haven't opened or touched related her phone or email id anything. For the final hearing they wants me to give their phone and remove the linked phone( I was not accessing her email id , and not willing to access . So I said do it urself as if email id is yours u can do it ) Please note I have not mentioned anywhere that phone is with me. I don't want to get into any complications further, as they are always blackmailing me. I just wanted to finish everything honestly. -Is there any chance in future to get blackmailed?? -What precautions should I take in final hearing ,for phone and overall. Please guide me
Asked 3 years ago in Family Law
Religion: Hindu
17 Answers
If you want to close everything and start a new life, return her phone by taking proper receipt for that. If she chooses to remain absent on final hearing your mcd will be dismissed by Court. Start a new life by getting release from her. Don’t give her any excuse to remain absent on finial hearing.
You return her items including phone and also delink the ssid email related connections and inform her accordingly and ask her to acknowledge the same.
Once she has acknowledged then you have nothing against her nor she has anything against you.
This will be an amicable solution.
It will be determined by your evidence on record and how you grilled their case in your your cross examination.
- You should return her mobile to finish her story in your life , and further at the time of giving statement in the second motion , you must mention that she has taken her all the belongings with the amount of the settlement , and now nothing has been left with you.
- The problem is that if you will deny to give her mobile etc , then she may refused to appear before the court in the second Motion .
- However, the mutual divorce is final divorce , and it cannot be challenged by any party , as the court will pass this decree on the ground of mutual consent , and hence it is also not appealable.
Thanks for for your answers, Initially I received the chats with her boyfriend through her email only and I transferred the same to mine mail. But since a year I am not using it. I said , if its your email id reset it by yourself. If I get an OTP to delink the account, I will share and help you with it. But she wanted to reset her password by me. So I asked to do it by herself and if you want me to do it then give me proper consent on paper. Because while filling divorce we have signed that we will not interior in each other's life and I don't wanted to do it, and still if I do it I am doing wrong thing without consent. Without having proper consent on paper is it okay to touch her email id for reset?? Because they have already blackmailed me that I am using her email id , I am not using. Please guide me on precautions to be taken.
Asked 3 years ago
Yes, you can suggest her to give it in writing requesting you to reset her password.
Once she has committed her consent in writing you can be safe about future consequences if any arises in the future.
That will again lead to invading her privacy
No don’t touch her email I’d without her written consent
- You can file a divorce petition on this ground after mentioning all the conditions which you wanted to take her undertaking , and which can be denied by her later on.
- However, for touching or using her email , you should take her undertaking /consent on paper after signing the same.
Don't use her email id at all. Kindly ask her to take of password reset etc.
And from now onwards never give single penny to her.
What ever she demands ask her to give in writing in front of court and let all her demands come to you via court only.
1. Do not open any of her personal emails, whatsapp or any other digital account since the same will be consideres as unlawful on your part.
2. Since both of you have jointly filed the MCD petition, you shall now have to individually file the evidence in support of your MCD petition.
3. Thereafter the decree of divorce as perv your MCD petition will be passed by the Court if the other side also appears on the scheduled day of final hearing after the cooling off period.
1. Under no circumstances you should enter in to her email. whatsapp or any other digital account.
2. She can easily charge you for entering in to any of her said accounts which you are not supposed to do.
3. She knows the passwords of her accounts and can modify the parameters the way she wishes to for which you need not interfere.
Thanks all for your support..!! Further, I have given 50% of the amount at the time of filing mutual divorce. We have given all the assets mentioned and took signature of her brother/father, that they received all the luggage and assets and nothing is pending from us. Still she was absent for the date after cooling period. Her parents says they don't have money to bring her home( as she is out of town and working, but in court she deny that she works and can be other mean to exort money) They just want to harrass us , as we need to go long way in her town for court date. -What if she remains absent for the next date? -Is mine 50% amount wasted without divorce? -How can I make her present in next date? -Can court take any action for wasting time and going against the statement which submitted in court like 420 etc? - What are other ways to stop her harassing us? Please guide me
Asked 3 years ago
Court will grant another date
request court to issue notice to wife if she remains absent on next date
Petition would be dismissed if she does not appear on court within period of 18 months of filing for divorce
you can take out contempt of court proceedings against wife if she does not appear
If she is not turning up on the next date before court and if court dismisses the divorce case, then you can file a contested divorce case on the grounds of cruelty citing this incidence as another reason for cruelty.
If you have receipt or evidence for giving the 50 percent amount, you can file a money recovery suit to recover your money.
1. This is the common practice to extort more money from the husband. If she does not appear on the next date, another date will be fixed and the said MCD application will be dismissed after 18 months from the date of its filing, if she does not appear.
2. If she does not appear at all, your said money can be considered as wasted. This is the reason why the entire amount is preferred to be paid before the Court on the final day before the Court.
3. Neither you nor the Court can force her to appear in the MCD case since it is based on mutual consent and she has the right to withdraw her consent after the cooling period.
You will get 50 percent back or you can file cheating against her.
- Her presence is mandatory before the court for giving her final statement in the second motion , otherwise even you cannot file a joint petition for second motion.
- Further , the court is also not bound to issue summon of appearance to call her , and hence a decree of divorce will not pass in her absence.
- You can file a petition for divorce on the ground of cheating , breach of trust / cruelty and to cancel the mutual divorce proceeding.
- You can issue a legal notice to her for informing and filing the joint petition for second motion