Lady moved back post First motion, its 4th time she revoked consent

Tilak Marg Forum for Legal Questions Forums Family Law Lady moved back post First motion, its 4th time she revoked consent


This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 9 months, 1 week ago.

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  • #3759

    Jai S

    I am not living with the lady (im sry for not using word wife) for the last 6 years, the day she assaulted me the final time, i filled complaint to police and they got my MLC done and I started leaving in my own rented house.

    Post that, several times she has approached for settlement for divorce but as i agrees to her condition she moves back.

    1) First time, she proposed a condition before court counsellors and when i agreed she refused to appear before counsellor again and revoked her consent. (I just got sympathy from court counsellors)
    2) Second, she proposed fresh conditions in the Women Cell and when i agreed she moved back.( I just got sympathy again from DCP after seeing her behaviour)
    3) Third, Through her counsel: in her 125 case, on record they said that they arrived to settlement and would be signing MOU but she moved back in the court that she dont want to settle.( i got not even sympathy from respected Judge :))
    4) Forth time; she again approached me, and we got MOU signed in the presence of principal counsellor of the court and witnesses.
    This MOU talked about all the conditions of Mutual Divorce and also talked about that inspite of all effort we could not live together and living seperately for the last 5 years.
    She has taken 10% amount in the first motion, and refused for 2nd motion…
    In 498 case there was no arrest recommended for me and my family as non of her allegation got justified at the police end itself.

    How shall i proceed legally now… she is earning 55K (govt job) and mine salary is 110k (private construction company job).
    I use to live in her govt 3BHK house before moving out 6 years back.
    She has a new car and a flat registered in her name (she pays loan of, all she has purchased in last 2 years )
    My assets are a 1999 alto, no house.

    she will move back from all her commitments so Mutual is not possible now.

    Please guide how shall i proceed now, can file divorce on the ground of cruelty and also we are staying away for last 6 years, though its not desertion but she had clearly mentioned in MOU that reconciliation is not possible.

    Thankyou! your help matters a lot to me.

  • #3761

    Mutual consent divorce is not possible unless she gives her consent at the second motion in the court also. You have said that she is not giving her consent at the second motion. So, the mutual consent divorce would be difficult in these circumstances.

    You can file your own regular divorce petition on the ground of cruelty or whatever other grounds are available to you (consult your lawyer by showing him detailed facts). She may oppose it and contest your petition. Ultimately, the court will decide on your divorce petition in such circumstances.


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

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