Legal Question in Family Law in India
It was both of us who, agreed on mutual consent ,in fact after recording of 1st motion on lump-sum amount,On the second motion she refused for mutual agreement. My kind questions to you are.
Q 1 Is not it the contempt of court?
Q 2 What are ways to proceed further.
Q 3 As i have already given a part of ,agreed money on 1st motion willn't it be taken into consideration
3 Answers from Attorneys
Sir the only thing you can do is be present in the court and state your case and the court will dismiss the petition. You can thereafter file a Petition for divorce on ground of cruelty and get divorce. As per law the consent for divorce should continue till passing of decree.
divorce by mutual consent is based upon free consent and consent of both the parties should be free from fraud, coercion, undue influence etc. in your case, even you could have withdrawn your consent. you have an option to file a suit for recovery of the amount taken by her or get it adjusted in maintenance. as suggested, you can file a petition for divorce on the fault ground.
divorce by mutual consent is based upon free consent and consent of both the parties should be free from fraud, coercion, undue influence etc. in your case, even you could have withdrawn your consent. you have an option to file a suit for recovery of the amount taken by her or get it adjusted in maintenance. as suggested, you can file a petition for divorce on the fault ground.
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