Forced to Sign MoU for mutual divorce
2 months ago
I signed a MoU with my wife for filing a petition for divorce under mutual consent.
Someone from my wife side called my father and said that he is a senior police officer, and my wife is coming on so and so date, and she wants divorce and so and so amount.
He also warned my family not to speak to anybody as they have my previous calls recorded on the basis of which they will file complain if I tried to speak to my wife. There's nothing I said to anybody in any of my calls.
So under fear, I signed the MoU and paid half the money instantly on the date of signing.
MoU was signed after only six months of separation, which states that the mutual divorce petition will be filed after one year.
Now the time for one year of separation is approaching, and again the same person is pressurizing my family and me for signing the mutual divorce papers. My wife is also pressurizing me to do so. They are saying that since I signed the MoU I have to sign the divorce papers.
Please let me know what are my options here.
Under Section 9 of the Hindu Marriage Act, either spouse can file a petition in a district court for the restitution of conjugal rights if they have been deserted without reasonable cause. If the husband succeeds in the Section 9 case, the wife is not entitled to maintenance under Section 125 of the CrPC. The court's decision on the conjugal rights suit implies that the wife had no valid reason for refusing to live with her husband. To claim maintenance, the wife must demonstrate her inability to support herself, and without evidence of ill-treatment by the husband or a just cause for separation, she may not be entitled to maintenance.
After one year from the withdrawal of the restitution of conjugal rights case, the offended spouse can file for divorce, especially if the other party expresses readiness for divorce. It is advisable to consult a divorce lawyer for proper legal advice before filing a contested divorce petition under Section 13 of the Hindu Marriage Act.
Under section 9 of the Hindu Marriage Act, any spouse can file a petition before a district court for the restitution of Conjugal Rights. This remedy can be sought by either the husband or the wife who has been deserted or separated from the other spouse without any reasonable cause or excuse. If the husband wins the Sec 9 (RCR) case then the wife is not entitled to Maintenance u/s.125 of CrPC. The decision in a suit against the wife for restitution of conjugal rights is equivalent to a decision by a competent civil court that the wife had no sufficient reason for refusing to live with her husband. In case the wife claims maintenance, she must prove that she is unable to maintain herself. But, if there is no evidence of ill-treatment by the husband and the wife has no just cause to live separately, she is not entitled to claim the maintenance. You can file a divorce case after completion of one year after withdrawal of the RCR case. You must withdraw the RCR case saying that your wife declared that she is ready for divorce. The offended spouse must wait for a year even if she rejects the decree of restitution of conjugal rights. So, in the given scenario, you need to file a petition u/s.9 of HMA to the district court, for restitution of conjugal rights. It is always recommended to consult an expert divorce lawyer to get the right legal advice before filing a contested divorce petition under Sec.13 of the Act.
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