Now the cases are settled between the Husband and wife and settlement terms are signed and you are ready to live a Free Life.
Now what happens is that you gave some money or streedhan articles at the first motion of divorce
But wife does not turn up for doing formality at the second motion of divorce.
What you can do?
Obviously. First you have to send her the legal notice and 2nd motion documents to show that you are ready and willing to do the 2nd motion process.
The other thing you need to do if she does not turns up even after the legal notice is to file the contempt case in the High Court.
The High court will also try to settle out the dispute. Even if she does not agree for the second motion making frivlous excuses then the contempt proceedings are to be initiated in such cases.
As she has breached the undertaking given to the court that
Here is the statement
“We were married to each other on 07.09.2013 in New Delhi at Ocean Pearl Chattarpur according to Hindu Rites and ceremonies. No child was born out of this wedlock. We have been living separately since 1st week of April 2014 on account of temperamental differences and mental incompatibility. We have not resumed cohabitation since then. With the intervention of well wishers and family friends we have decided to dissolve our marriage by divorce by mutual consent. We have settled all our claims and disputes amicably vide MOU dated 30.04.2015 which is Ex. P-1 and as per para 9 to 11 of the petition which is Ex. P-2 in a total settlement amount of Rs 34,00,000/- (Rupees Thirty Four Lacs) as full and final settlement towards all claims of petitioner no. 1/wife. Out of the total settled amount a sum of Rs.10,00,000/- (Rupees Ten Lacs) has already been transferred by petitioner no. 2 in the account of petitioner no. 1/wife. Out of the remaining amount of Rs 24,00,000/- (Rupees Twenty Four Lacs ) a sum of Rs 10,00,000/-
Respondent had clearly given an undertaking to the Court when the joint statement was recorded on 02.05.2015. It was stated that the claims and disputes were settled between the parties amicably. The modalities of settlement were drawn up in an MOU and the said MOU was exhibited during the joint statement. As a part of the undertaking, the Respondent had agreed to accept a sum of Rs. 34 Lakhs towards full and final settlement, though in three different tranches and undertook to file a petition for divorce by mutual consent (first motion and second motion). Admittedly the Respondent has accepted Rs. 20 Lakhs out of the sum of Rs. 34 Lakhs but has not come forward for the second motion and has neither returned the sum of Rs. 20 Lakhs which were payable as a part of the overall settlement.
Court has held that wife has undertaken that they had settled their dispute vide MOU and thereafter the court had passed an order of first motion.
Result: Convicted for Contempt
Judgement Link: https://indiankanoon.org/doc/33243785/