Legal Question in Family Law in India
After fighting in the court for 1 year as contested divorce and finally when my wife was caught in a criminal case and was about to be arrested, she agreed for Mutual consent divorce.
As per the decision taken by elderly family members from both sides, I agreed to pay 20 lacs to my daughter who is 7 year old and nothing for my wife since she is earning well and more qualified than me.
Coming to the point, First motion statement was recorded on 1st Feb wherin my wife signed the statement confirming that she received all her items and stridhan etc and took 10 lacs as 50% of the settlement amount, remaining needed to paid at the time of 2nd motion.
Now for the 2nd motion to be filed on 1st Aug, she is threatening us that she will withdraw her agreeement if we wont give her other gold items which we didnt give her earlier.
We told her that she has received everything and gave her statement in the form of affidavit submitted in the court for the 1st motion then Why is she threatening us now?
To which she is least concerned and her intention is to extract as much money from me..
What to do in this case since she is a Mental Patient as well and is having a very very rigid and stubborn nature towards everything?
Our 10 lacs is gone so far? Need urgent advise Please.
2 Answers from Attorneys
as far as your ten lacs is concerned, according to you only, that has gone to your daughter and not to your wife. regarding your wife s retraction, as per law, you need to wait from 6 months to 18 months since recording of your statement in first motion. in case she does not appear during this period, you may file a suit for recovery of 10 lacs paid to her. the law is clear on this point that any of the spouse can withdraw the consent. regarding tendering false affidavit and statement, you may sue her for perjury and contempt of court.
She has given her consent and so you take up the remaining 10 lac in favour of her and finish the case. She cannot estop her words now and then.
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