MCD filed but wife not honoring it after the 6 month wait
Hello
My story in brief: We were living in Chennai with 2 boys aged 9 and 6 when in 2010, after a series of violent fights, complaints against me in various forums like Police station, Social Welfare Board, State Human Commission, Commissioner of Police, my office etc etc, she left the house in Oct 2010, Since then I got transferred to Pondicherry and am bringing up the boys on my own.
In 2011, she forcefully occupied the flat we were living in (Which belongs to my mother) and filed RCR, IM, Child Custody cases against me with various false allegations. In return, I filed for divorce in 2013 by which time it was already more than 2 years since separation.
In the meantime, she pulled my entire famliy to court including my mother by filing a suit claiming that they were trying to throw her out of the house, actual fact is none of them even reside in India.
The judge sent us to the mediation centre and after more than a year an agreement was made, I was to return the jewellry that was in my possession (Gifted to her by me and my family) and pay 50% of the agreed amount when the MOU was signed and MCD was filed in court. The same was done in Apr 2015. Now we had to wait till oct 2015 to come back and give the remaining amount and appear before the judge and confirm our intentions.
Here she started giving various excuses and finally in July 2016 she said that she is not interested in the divorce settlements and that she needs more money. In the meantime, my mother became impatient and based on her lawyer's advice, gave her an X amount to vacate the house and got back the flat.
Now, she has my 50% + my mother's big payment and is threatening me various things,.
The judge had asked her to repay the amount i had given her, but said that she cannot insist since the agreement was made out of court. So she is not giving that back, nor is she signing the final settlement.
My questions are
1. What is my future course of action ? (It's already 5 years since RCR was first filed in court)
2.Will I get any symapthy from the court for having been double crossed by her ?
3.Will the amount paid by my mother (Which I have to repay) be taken as part of her settlement ?
4.Will I ever get a divorce or will she be dragging this forever ?
5.Do I have strong grounds for a divorce ? I am Christian, she has tortured me and the kids, foisted false cases and complaints against me, deserted me and her own children. All of these I can prove.
6. How much longer will I have to endure this even after paying up ?
Sorry for the long post. Please give your valuable advice.
Asked 8 years ago in Family Law
Religion: Christian
Is it true that the MCD cannot be withdrawn unless it is declared that I was not of sound mind at the time of signing ?
Can i get the Judge to rule on it(or dismiss it) since the other party is no longer interested in honouring the MCD ?
What are my options now ? Please help.
Thanks
Asked 7 years ago
UPDATE: IM was fixed at 3,500 p.m and children custody was not contested and awarded to me. RCR was tossed out a few days ago (Will explain)
Now, the remaining cases are
1. My divorce petition in Family court
2. Her DVC complaint in Mahila Court.
After 11 years of unnecessary court battles and wasted lives, now it seems she has given up. I'm saying that because she has stopped appearing for the 3 cases that were pending before 2 courts. The family court has a change of Judge (first time it was a man) and he is quite serious about disposals. He gave her 2 opportunities and tossed the RCR because she failed to appear and no lawyer was present either.
She last attended a hearing in Feb 2021, after which she is absconding. Her lawyers are seen in the court but not representing her.
So from the above, I'm guessing she won't appear for any more hearings and everything will be decided ex-parte. The divorce petition has been marked for ex parte evidence for the next hearing. The DVC case has been marked as "In the interest of Justice one more opportunity given to petitioner . For petitioner side marking of further documents (NFA) call on [deleted]". This was done in March also, but after that the courts were closed for covid.
I want advice for a clean exit.
1. What should I do in this next hearing which has been marked as ex parte evidence (What actually happens in this?) ?
2. I do not want to pay any further money because she has already taken 9.00 Lakhs from me and my mother. I'm bringing up two adult children now. She has a job, probably a boyfriend whom she wants to marry as well. How do I argue this (not the boyfriend part, that is purely my assumption)? Or should I file an additional petition for this?
3. Please advice on DVC court matters also. In Jan 2021, the magistrate (again a new one), after promising that he will dispose of the case in 6 months, ordered a sum of Rs.3,000 as IM in addition to the 3,500 ordered by the family court.
Asked 3 years ago
If it is an ex parte decree, will there be alimony or maintenance ?
If so, how can I avoid it? (She has already taken 9.00 Lakhs through the MCD and to evict her from my mother's flat)
Asked 3 years ago