Legal Question in Family Law in India
have filed a mutual divorce petition 6 month back and as a one time settlement money dd of Rs.1400000 deposited in court.After 5 month court gave her dd to my wife and now after 6 month neither she is agree to give me one time settlement money nor want to give me divorce as she told in court and in the court before judge she is telling i will give him divorce only when he will give maintainanace also. What should i do know to get divorce without paying maintainanace as i paid one time settlement money.
1 Answer from Attorneys
You must know that no altercation or modification can be made in mutual petition draft can be made once first motion is allowed. Therefore, no subsequent demand can be raised as well. Secondly, how could the court hand over the DD before the second motion when it knows that it can not enforce the party to come for second motion. I think that court's order to release DD itself should be scrutinised and if need be we can approach High court. Tell me one thing. Did you have in writing of her demand for maintenance? Matter has to be tackled skilfully else your money gone.
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