1)it is necessary to peruse consent terms filed in court
2) if your husband has given undertaking to return personal articles file contempt of court proceedings before HC
3)go by your lawyer advice
If husband denies mutual consent divorce
Dear Sir, My husband had filed divorce case in 2012 which came on board in 2013. After that I had applied for interim maintenance in 2014 & court allowed a interim maintenance of Rs. 3000 p.m since I was working. I had filed 498A case on my husband in 2012. In Jan 2016, we both decided to take mutual consent divorce. Permanent alimony was decided for Rs. 3 lakhs & pending maintenance will be paid . Some of my articles were in husbands custody which he agreed to give back with a terms that I will take back all the cases like Recovery & 498A . This was done in writing & filed in court by both the lawyers for Recovery case& Divorce case. Based on this, he made me part payment & I have removed 498A . After this, I went to his home with my parents to take my pending articleslike cupboard & other gift articles. He did not allow to open the cupboard & used physical force on me & my parents. After coming home, I found that some of the expensive items from the cupboard is missing. I immediately logged police complaint on the same day. Now he refuses to settle mutually verbally . What should I do??
Asked 8 years ago in Family Law
Religion: Hindu
5 Answers
Can I reopen the 498A case as he is trying to cheat me & what would be the procedure. What all actions I can take on him.
Asked 8 years ago
once 498A case has been quashed based on your consent terms you cannot reopen the case
file fresh 498A case based on legal advice
This leaves you with only remedy of filing unilaterally for divorce on the ground of cruelty. The 498A case cannot be reopened now as it is dead and buried. However, you can file a case for domestic violence to claim compensation from him.
Yes, you can reopen the 498a case staying that he violated the oral terms and conditions of mutual consent divorce. You made a mistake by withdrawing the 498a case. Untill you get the whole amount you should not withdraw any case. You have to file a petition before the court and ask the court to hand over the cupboard to you.
The procedure is like this. Your husband has to pay 1/4th of the amount of agreed permanent alimony of 3 lakhs to you at the time of presentation of mutual consent petition towards advance amount.
You have to wait 6 months from the date of petition, since it is mandatory rule under Hindu Marriage Act. At the end of 6 months i.e. at the time of evidence, you both have to file a memorandum of understanding wherein you can state that this mutual consent will be valid subject to payment of balance 3/4th amount, withdrawing 498a petn, maintenance case and you will not file any cases against your husband in future and you have received one lumpsum amount towards permanent alimony. The payment of 1/4th advance amount and balance amount of 3/4th part payment will also be written in the MOU. You have to insist your husband side that they should give the 3/4th amount by way of DD or pay order. If they give in cash it will be noted before the judge and the court will take receipt from you. If you have further doubts, you can contact me through kaanoon.com.
Since, you have already arrived to an understanding, If you follow the above procedure, your problem will be solved peacefully.
You can certainly file 498a case against him on grounds that you have been cheated and fraud has been committed on you to withdraw 498A case. Further get court orders to get your things/arti les back then he cannot resist.
You may again file all those complaints again against him and the procedure will be just the same.
Regds,
Adv. Payal
