Legal Question in Family Law in India
My daughter in law once opted for divorce submitted an application in the family session court on the ground for cruelty and adultery from my son also submitted a complaint in the women cell for cruelty prior to submission of divorce petition. went through a through process of reconciliation in the women cell and agreed for the mutual consent divorce before the lok adalat set up in the police station. Further once again they both appeared before the family session court and once again agreed for mutual consent divorce before the family court judge her Lordship dismissed the original divorce application submitted by my daughter in law, but now once again opted for the nullifying of the mutual settlement made before the court and permission to revive the earlier divorce application under section 151 of the laws on flimsy ground Kindly help is she can be permitted to do so when we are abiding by all the terms and condition set up by the court and she has not presented before the court to sign the part I of the mutual divorce agreement. What will happen if she enjoys the financial benefit part of the agreement but do not come for signing the mutual divorce part I before the court.
1 Answer from Attorneys
1) Either spouse can withdraw MCD and file contested divorce.
2) Financial benefit is a part of MCD cannot be isolated accept
to her advantage and recede divorce.