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.
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 8 years ago in Family Law
Religion: Hindu
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12 Answers
The husband may file a divorce case based on cruelty against her before familiar court under section 13(1)(ia) of Hindu marriage act.
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
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.
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.
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.
With reference to my first question.. I am still in a doubt and want to know that if a girl has signed the first motion and agreed to all conditions .i.e. No money is pending on husband's side and each and everything of a girl has been returned back nd no force or pressure applied . Gal is petitioner 1 nd has settled all her claims against past present future . Permanent alimony , stridhan against boy petitioner 2. Then in that case is she still eligible to claim or demand any amount of money to the husband. Actually the girl is harassing the boy by sending ugly messages and saying that she will do some cases on the boy and now after the first motion is done and 6 months is over she is saying that she will change her statement regarding the money still pending on the boy. (Note: she needs a divorce and she will not change her statement in regards to that now she doesn't want a divorce) . Also, she is saying that she will sign the second motion only if the boy pays her the false amount claimed by her. Her entire stuff is with her now nd she is harrasing us . Now, we are in a impression that she cannot impose any harm to the boy as she has already agreed that the boy has returned everything in first motion. Please tell us if we are thinking correctly and should be calm down and if not please suggest some way out.
Asked 8 years ago
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.
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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
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.
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.
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
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.