• Mutual consent divorce

Me & My wife filed Mutual Consent Divorce in the Month of September after I found her that she is in extra martial affair. But her parents forcing her to file domestic violence case against me to get monetary benefits, so far she has denied to do as I have video recording of her & her boyfriend in intimate position. Her family threatens me for dire consequences if we split as they have criminal background. I have couple of questions
1)	What if she did not make on last day in court?
2)	After divorce gets completed, will they are able to file any type of case against me?
3)	Can I put a complaint in police station against her family if they try to harm me or my family?
Asked 11 months ago in Family Law from Pune, Maharashtra
Religion: Hindu
Dear Querist
after divorce proceedings no party of the marriage may file the cases against each other until and unless any MOU has been executed between them.

any party may withdraw his/her consent at any time of the proceedings before the final judgment of the court.

she may file a domestic violence case against you and your family, she may file a dowry harassment case u/s 498A/406 of IPC.

she may also file a maintenance case u/s 125 of Cr.P.C.

Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
3517 Answers
129 Consultations
4.9 on 5.0
1) if your wife does not come to court at time of second motion court will grant adjournment . 

2) ultimately petition would be dismissed if wife does not appear in court . 

3) after divorce wife cannot file Domestic violence  case against you as there is no domestic relationship after divorce 

4) you can lodge complaint in local police station for criminal intimidation under section 506 of IPC if your in laws harm you or your family members 
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
1. The case would be dismissed if for the next one year she refuse to appear in the said case.
2. After divorce no criminal case is likely to be filed. However if she remains unmarried she may file case for maintenance.
3. Yes, lodge complaint of criminal intimidation.
Devajyoti Barman
Advocate, Kolkata
5153 Answers
54 Consultations
4.9 on 5.0
As per you question both should present before the court for getting decree of mutual consent divorce.
Yes she can file if you not mention in memorendam of understanding regarding permanent alimony and maintenance and also child custody before you file mutual consent divorce or you can make one mou between both of them then you can bind her in mou that not to file any criminal cases against you
Yes you can file criminal complaint against your in laws if they harm or threatened 
Mir Mansoor Ali
Advocate, Hyderabad
57 Answers
4 Consultations
Not rated
1) wife who is guilty of adultery is not entitled to any maintenance 

2) you can file for divorce on grounds of mental cruelty and adultery 

3) SMS conversations would be admissible in evidence 

4) consent terms filed by you on Mutual consent divorce must have been vetted by your lawyer . No need to file additional MOU . Wife had already acknowledged receipt of money and undertaken not to demand more in future 
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
1. If she does not make it to the court on the next hearing the court will throw out mutual divorce.

2. No case can ordinarily be filed after divorce is granted by the court.

3. You can lodge a complaint for criminal intimidation against them which carries an imprisonment of up to 3 years in the least.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
1. You can seek divorce on the ground of adultery if mutual divorce fails. She may lose her right to financial support if it is proved that she committed adultery.

2. Her parents cannot file any case on her behalf.

3. SMS is a valid proof which can be used to prove guilt or innocence in the court.

4. Additional MOU can be made before the next hearing.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
1. yes, you can use that video as an evidence regarding her adulterous life and file fresh petition for divorce based on adultery.
2. no, they can not file any matrimonial cases against you without her authority until and unless she is unconscious and unable to fight herself.
3.these sms may be used against her parenst, if those SMS are in original shape with the original device then valid as per section 65B of Indian Evidence Act-1872.
4. MOU should be executed and should be part of the petition and the same will be filed along with the petition for better clearance of points and safeguard.

Nadeem Qureshi
Advocate, New Delhi
3517 Answers
129 Consultations
4.9 on 5.0
Hello,
1) If she did not appear in the court on the final motion after 6 months the court will post it for another day. It can be postponed to a maximum of 18 months from the date of filing of the case and she can withdraw her consent any time.

2) Once the divorce is granted it is absolute and they can not file any case in the court in that regard. Whatever cases they may file, they need to substantiate them in the court. You can contest them on the merit of the case , so don't be concerned about what they might do.

3) You can certainly file a case against them for thereat and criminal intimidation. File a complaint in the police station stating that there a case in the court and they must be restrained from any interference. 
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0
Hello,
1) The terms of the mutual consent divorce mandates such undertakings and as far as they are in place she is bound by them once the decree of divorce is passed by the court.

2) The video you have can be used as evidence if you have to file for divorce unilaterally and if the charges are proved you will not have to pay maintenance.

3) Her parents can file case against you, but if she does not testify in the court against you their case will not stand the test of proof in the court.

4) Yes, this can prove as valid proof as the parents exercising coercion against her decision to decision to divorce you.

5) You need not make any separate MOU, the terms in the divorce petition with mutual consent will suffice.Don't get worked up. Let your lawyer handle the case. Keep all the documentary proofs you have secure with sufficient back ups.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0
Divorce by Mutual consent saves time, money and energy for both.In mutual consent case the your wife come to court at time of second motion other wise court will not grant a decree and petition would be dismissed .After divorce wife cannot file Domestic violence  case against you.Video and sms can be used if the mutual consent divorces is not end practically. It is a good evidence to show the adultery.You can file a case against inlaws for thereat and criminal intimidation.
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
1)	What if she did not make on last day in court?
The divorce case on mutual consent grounds shall be dismissed by court after which you can file a contested divorce case on the grounds of adultery and you can implead the adulterer as a second respondent. 




2)	After divorce gets completed, will they are able to file any type of case against me?
Though there is no bar in filing any criminal case or DV case after getting the marriage dissolved by a decree of divorce, the same may not be maintainable in law or facts. 



3)	Can I put a complaint in police station against her family if they try to harm me or my family?
Yes, you can very well lodge a complaint with the police if they try to harm you or assault you or even intimidate you.


T Kalaiselvan
Advocate, Vellore
13919 Answers
127 Consultations
5.0 on 5.0
1) If mutual case did not go through well, can i use that video (Love making video of her & her boyfriend) to get divorce through case without giving any further maintenance as i have already given?
Yes, you can very well proceed with a regular or contested divorce case against her if she is not willing to give her consent during second motion.
You can even file a money recovery suit against her for the amount she received earlier. 



2) If she is not filing any case, does her parents will file any case without her knowledge? 
No, her parents cannot file any criminal case against you without her knowledge, it will not be maintainable. 




3) I have sms conversation where she said that her parents threatening me only & she wants to give divorce without any issues. Does these proof would be valid?
Though the said evidence may not admissible in evidence it may be useful to corroborate hthe evidence or pleadings. 



4) Can i make an additional MOU where she mention she will not file any further case or she will not ask for any monetary benefits?
You can get it mentioned in the existing MOU itself, you do not have to draft another MOU for this purpose.
T Kalaiselvan
Advocate, Vellore
13919 Answers
127 Consultations
5.0 on 5.0

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