Divorce

Question

As per the court rule we have decided to take a mutual divorce procedure so my wife submitted petition in the court and on one day mutual affidavit has been made in front of both parties lawyer in mutual divorce it has been decided that I have to give DD as alimony to my wife in starting n then after 6 months of cooling period when the hearing come in front of judge our divorce will be finalized lawyer told that first u have to pay the alimony n then after cooling period in front of judge divorce will happen. My question is that now appearing date has came if my wife dont come then might be next date will be given but I want to know that will she can demand more money my marriage was happen on cheating basis I have agree to give big amount becaz she had filed fir in the police for cruelty cheating etc so forced to give money to her.i know that I have not received divorce certificate but I have affidavit of all things mention in it with no interference to do with each other and DD copy attach in it with sign of her n witness sign can she demand more money or any things else she can do

Vidhikarya · Accepted Answer

See in MCD second motion is as important as the first motion and both parties have to be present during the second motion. If she has already signed the affidavit then it is a good thing for you then you are a bit safe and she she goes back on the amount then you can shoe that affidavit to the court. If anything goes wrong then this might get converted to contested petition or you can request the court to either dismiss or withdraw the petition.

Vidhikarya · Answer

HiIf she fails to appear or refuses to consent to a mutual divorce you can convert the case to a contentious divorce and recover the alimony money through a recovery suit if she fails to appear or refuses to consent to a mutual divorce. Since you have proofs of the payment of alimony this will help your case. If your wife fails to attend for the second motion the court will most likely dismiss the case without assigning a new date to you. If you find this answer helpful please rate my answer. Thank you.

Vidhikarya · Answer

Dear SirShe cannot demand more. If you have no faith then change the advocate.

Vidhikarya · Answer

Hi If your wife does not appear for the second motion then the judge will in most likelihood dismiss the case without giving you any new date. The alimony amount will also be forfeited and your wife can demand for more alimony money. It is better that the wife appears on the second motion hearing day. If she fails to appear or declines her consent for mutual divorce you can convert the case into a contested divorce on the other grounds of divorce such as cruelty. You can recover the alimony money through a recovery suit. If you like my answer please rate me.

Vidhikarya · Answer

Yes your wife can withdraw her consent for divorce by mutual consent and can also demand more miney. You can in that case has to file fresh case for divorce on other available grounds. You can also file suit for recovery of paid amount.

Vidhikarya · Answer

Have you executed any mutual divorce agreement papers with her and submitted the same inside court while filing divorce mentioning about the DD

Vidhikarya · Answer

Mutual divorce is a tricky thing. If either party does not appear on the final date the divorce will not take place and the judge in all possible probability will not give you a new date. The case will be disposed of as uncontested. She can not appear and take the money as claimed. As this is not a contract so it is not legally binding too. The best you can do is file recovery for money suit against her. You can lose both money and not get divorced if she does not appear. In my opinion proceed with caution. You can also connect with me for better clarity. Thanks

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