• Mutual divorce

ME and my wife in Nov 2014 filed first motion of mutual consent and waited for 6 months and no further reason to stay together.The gal stayed silent in first motion and gave us the signatures signing the MOU. Now afetr 6 months when we asked her to gve second signatures she is denying and asking for hansome amount to close this off. 

Harassing and writing ugly messages and putting wrong claims on us.Need to know what is the significance of first signatures.can a man do anything when get in to cases like divorces. where she was the one who ran from the relation and files the divorce. 
please suggest
Asked 1 year ago in Family Law from Delhi, Delhi
Religion: Hindu
If she does not sign the statement on the second motion the first motion has lost its legal sheen. Unless she consents to divorce on the second motion the court cannot grant mutual divorce. The only recourse available to you is to file unilaterally for divorce on the grounds applicable to your case.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
The husband may file a divorce case based on cruelty against her before familiar court under section 13(1)(ia) of Hindu marriage act.

Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
1) wife can with draw her consent . 

2) you cant force your wife to appear in court at time of second motion   and submit her consent for divorce by mutual consent . 

3) six month cooling period is provided so that parties can reconsider their decision for divorce 

4) your petition for divorce would be dismissed by court if wife refuses to furnish her consent and appear in court 
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
1. Where did you ask her to give her second signature? During the 2nd motion, she is required to appear before the Court to confirm that she still wants divorce,

2. The fact that she has signed the MCD petition but not appeared during the 2nd motion will not help you in filing divorce suit against her.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0
Hi, it is the duty of the husband to maintain his wife so you are liable to pay the alimony to your wife.

2.Unless and until if she is voluntarily surrender her right receive the amount, then only you are not liable to pay the amount.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. The second motion is to know whether there is any change in decision of either of the spouse and now the wife wants handsome amount in return for her signature.
2. The mutual consent divorce stands on mutually agreeing to separate, after resolving many issues like return of articles, division of finances and assets, alimony, sharing of  costs, etc..
3. As per your narration, 'she was the one who ran from the relation and filed the divorce'. If this were to be the case, you could have petitioned the court against her for Restitution of Conjugal Rights and thereby you would have got a firm ground to contest the case, if she had not returned to her matrimonial home.
4. Since now she  is denying to sign and asking for handsome amount to close the issue and since you have chosen divorce through MCD, better to settle the same taking into consideration your financial position and if you are serious to part with her in marital life.
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
5.0 on 5.0
If there is any mou executed between the parties or the matter had been settled before counselor or mediator of the court then the boy may claim the money from her if she refused to cooperate in second motion of divorce proceedings.

The boy may file a civil suit for recovery against her before civil court.

The boy may file a contested divorce case against her due to cruelty.

Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
1) wife is not entitled to claim or demand any money from her husband once she has signed the consent terms 

2) if she files any false cases you can contest the cases on merits . draw attention to the consent terms signed by her  at time of filing for divorce by mutual consent 

3) husband need not bow down to wife black mail tactics 
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
Unless both the spouses have consented to divorce on the second motion there is no legal settlement. The MOU executed by the spouses loses its legal character and vigour if either spouse withdraws consent before the second motion. So the mutual divorce petition will fail in the court unless the wife consents on the second motion.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
1. You can try to use the statement by her affirmed under affidavit that he has got back the Streedhan in your divorce petition if she claims otherwise,

2. However, please note that she will certainly claim that she had given that statement as suggested by you to get MCD and that she has now changed her mind to take divorce,

3. She is allowed to change her mind in connection with the MCD by not appearing during he 2nd motion,

4. However, her subsequent messages to blackmail the boy can be used against her in the divorce petition.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0
Her act is of second thought shes just harassing you all. Produce those ugly messages to the court proving that she is harassing the Petitioner No. 2 to settle the matter in her terms. Everything is on paper that she has her belongings and no claim is pending towards the husband. So be calm and move the court. If court is not able to make any decision then the case will be converted to contested divorce. 


Regds, 

Adv. Payal 
Payal Arora
Advocate, Pune
333 Answers
7 Consultations
4.1 on 5.0
Hi, she is blackmailing the boy but one thing you must remember you can't compel her to sign the divorce petition and she has right to go back from signing the petition also.

2. If she did not agree for signing the divorce petition then you have no option you have to file a petition for divorce on the ground of cruelty. 
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0

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