QUASHING 498A
My wife and i entered into mc divorce in may 2018 under honble delhi distt courts,after a settlement deed of 15 lac out of which 5 lac equal installments to be paid at time of 1 motion,mc divorce and quashing of 498a and 406/34. my ex wife is not cooperating in 3rd step and whenever date is there in honble high court of delhi she either remains absent or creates excuses which are deferring quashing,it seems after consuming 10 lac she will not cooperate for quashing , honble judges say that it will only be quashed under consent of my ex wife ,but in settlement deed it is written if she will not cooperate she will return entire money. Please guide what is outcome how will i get relief, moreover she has started defaming me in calling my bosses in office and narrating false stories. Am helpless since settlement deed say we both cannot file any case against each other till quashing proceedings are over or it will be breach of contract of settlement deed
Free Legal Advice - ipc 498a
Posted by: pammy
Posted on: 2019-05-11
With respect to your query, the legal opinion is as under:- (1) The undertaking before a Court are necessary to be obeyed. So in the present matter conditions of compromise are being deliberately violated by your wife, you can move for Contempt of the Court (2) You are entitled to get the consent settlement revoked and can pray for recovery of the amount from your wife already paid. (3) As the compromise is not being followed by your wife and letters and in spirit, you are entitled to file any legal proceedings or case against your wife as suits you. The term that you will not be entitled to take up any legal proceedings would have been binding only if your wife abide by the terms of the settlement. (4) It is correct that Court cannot grant divorce unless consent is given by your wife. (5) However you are free to start proceedings of divorce to be decided on merit and the conduct of your wife will help you to prove cruelty and desertion from the side of your wife. (6) You can recover the amount paid so far to your wife or if recovery is not possible, the amount can be adjusted towards permanent alimony if divorce is granted on merit.
With respect to your query, the legal opinion is as under:- (1) The undertaking before a Court are necessary to be obeyed. So in the present matter conditions of compromise are being deliberately violated by your wife, you can move for Contempt of the Court (2) You are entitled to get the consent settlement revoked and can pray for recovery of the amount from your wife already paid. (3) As the compromise is not being followed by your wife and letters and in spirit, you are entitled to file any legal proceedings or case against your wife as suits you. The term that you will not be entitled to take up any legal proceedings would have been binding only if your wife abide by the terms of the settlement. (4) It is correct that Court cannot grant divorce unless consent is given by your wife. (5) However you are free to start proceedings of divorce to be decided on merit and the conduct of your wife will help you to prove cruelty and desertion from the side of your wife. (6) You can recover the amount paid so far to your wife or if recovery is not possible, the amount can be adjusted towards permanent alimony if divorce is granted on merit.
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Free Legal Advice - ipc 498a
My wife and i entered into mc divorce in may 2018 under honble delhi distt courts,after a settlement deed of 15 lac out of which 5 lac equal installments to be paid at time of 1 motion,mc divorce and quashing of 498a and 406/34. my ex wife is not cooperating in 3rd step and whenever date is there in honble high court of delhi she either remains absent or creates excuses which are deferring quashing,it seems after consuming 10 lac she will not cooperate for quashing , honble judges say that it will only be quashed under consent of my ex wife ,but in settlement deed it is written if she will not cooperate she will return entire money. Please guide what is outcome how will i get relief, moreover she has started defaming me in calling my bosses in office and narrating false stories. Am helpless since settlement deed say we both cannot file any case against each other till quashing proceedings are over or it will be breach of contract of settlement deed
Posted by : pammy
Posted on : 2019-05-11