After Signing MOU and petition for mutual consent wife putting new demands infront of counselor.
1 year ago
My wife had filed 498a in the year 2020 and after signing MOU in which it is clearly mentioned that I have handed over her streedhan and am liable to pay my son's school fees upto Rs 65000 p.a and she is ready for a mutual divorce.
498a is also quashed in high court as I paid her 5lacs cash as per the advocates advice which was out of court so nothing was mentioned about the same in MOU.
In her statement infront of high court judges she has already agreed that all her grievances are sorted out and I am not liable to give her anything.
After filing mutual consent divorce petition in family court now in front of counselor she is telling that I haven't handed over the streedhan and she wants some agreement in which I should mention that my 9year old son will get his share in my property which is only a flat in which I stay with my parents.
The counselor at family court is telling to sort out the issues mutually and then only they can forward the file for divorce.
I am really harassed by my wife a lot.Inspite of having rights of meeting my son she is not allowing me to meet him neither speak with him on phone. Has brainwashed him so if he even speaks with me he will come up with some undue demands which I don't want to fulfill.
My parents are already sick.
How should I go about this case why is the counselor so weak and why do the court don't have any right to put forward the case infront of judge as the MOU has been signed and she has accepted her acceptance in front of high court.
If the MoU has been signed, then in that case she should not be asking for anything else. You have committed a blunder of not mentioning the 5.00 lacs in the MoU that you have already paid to her and now she is taking undue advantage of that.
The issue with Family Court is that the Counselor or the Registrar do not have the judicial powers and hence the matter gets stuck with them. You should request the Counselor to allow you to move the application with the Judge and then you can proceed further.
It is nothing but blackmailing and contempt. You may take certified copy of MOU and start complaining to court and also get issue a legal notice to lodge complaint for cheating you.
Consult a well versed lawyer and change your current lawyer and proceed again with the mcd. Since you already have an mou stating that you passed her streedhan back to her you can show this to the counsellor. Consult the well- versed lawyer to understand better your legal options.
Thank you so much, I hope this answer helped you.
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