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SWARNA   05 October 2018

Mutual consent divorce issue

Dear All,

I am new to this forum.My story is I got married 13 years before and due to some day to day problem arose my husband beated me when I was pregnant 5 months old and sent me out of my matrimonial house, 12 years passed, I just stayed with him only for 8 to 10 months.

1.I filed petition in All women police to rejoin my husband and nothing else.

2.Husband filed for divorce on various allegations (case dismissed in family court)

3.I file for DV to get inside matrimonial house and to stay with husband along with my child (case got in favour as it was my FIL owned house - I got rental maintenance but i denied the same and not got the same)

4.again husband moved to high court for divorce appeal

5.In between some mediation process goes and hubby told that he will settle me with lumpsum amount.

6.Here what my councel told is that my husband saying that he will commit suicide If he was put to stay with me, so will go for mutual divorce and they will withdraw the appeal case in divorce.

7.Me tols that we should not go for hurry burry for MCD , but my councel told that it was a good chance to get lumpsum amount for me and my son.

8.atlast without withdrawing the appeal divorce case , we both file for MCD and its 5 months over , part alimony was given to me and part for my son was put into FD by husband itself.

9.another part alimony yet to receive during the final signing of MCD.

10.Now myself not happy to get divorce and I am ready to return the amount received and also FD receipt original

11.I dont want to sign for MCD

Please guide me as follows,

1.SHALL I WITHDRAW MY CONSENT IN MCD?

2.IF NOT SHALL I DO NOT GO TO THE COURT TILL THE CASE GOT DISMISSED?

3.IF I DIDNT GO FOR THE 2ND MOTION WHARE ARE THE PROBLEM I NEED TO FACE, WHETHER I WILL BE ASKED TO COME FOR COURT OR JUST COURT WILL WAIT FOR 18 MONTHS AND DISMISS THE CASE?

MEANTIME ALREADY FILED APPEAL CASE WAS STILL PENDING (SHWN IN COURT WEBSITE), BUT COUNCEL SAYING THAT WAS ALREADY WITHDRAWN.

4.WHAT WILL THE COURT WILL GRANT DIVORCE IN FAVOUR OF HUSBAND IF I DIDNT GO FOR 2ND MOTION?

5.OR THE COURT WILL HEAR MY SIDE ?

6. I WISH TO STAY WITH MY HUSBAND ALONG WITH MY SON (FOR THE SAKE OF OUR SON) EVEN IF HE DIDNT ACCEPT US NOW , I HAVE THE HOPE HE WILL SURE TURN UP SOON.

7.SO WHAT I MUST DO IN THIS SITUATION.KINDLY THROW SOME LIGHTS ON MY ABOVE QUERIES.

8.AS I AM UNAWARE OF THESE COURT PROCEEDINGS I NEED TO HEAR AND ACCEPT MY COUNCEL ADVICE FOR ALL THOSE AND NOW I SUSPECT THAT MY COUNCEL TOO CHEATING ME AS HE HAD A LONG TIME FRIENDSHIP WITH OTHER SIDE COUNCEL ,SO UPON HIS PRESSURE HE IS INSISTING ME TO FINISH OFF THE MCD EVEN WAITING FOR 6 MONTHS.

 

It will be very helpful if i get clarification.

Thanks for All.

 

 



Learning

 13 Replies

satish patil   05 October 2018

where r u from

SWARNA   06 October 2018

I am from Chennai

Pls I request all to clear me.

SWARNA   06 October 2018

No replies????

 

 

satish patil   06 October 2018

Yes you withdraw your concent in next date or present application for withdraw concent before court

SWARNA   08 October 2018

Dear All learned councels and Friends,

Atlast 2nd motion date was coming on oct end.

I told to my councel to give me some time for this.

but he is saying no provisions is there like that to take time, so i need to request to the Judge.

If he accept he will give otherwise not.If I didnt appear on that date will the Judge DISMISS this MCD or will wait till 18 months?

My advocate saying that no time upto 18 months and no one will wait , if I am not interested i can come to the court to withdraw the consent and other side will proceed for the appeal case (they will reopen) is that possible.?

I am ready to return the part alimony received

(Alimony terms are 1st part as cash to me during filing of MCD - they gave)

2.2nd part to my minor son as FIXED deposit (done forcefully as i never asked)

3.3rd part during signing of 2nd motion (pending)

so i return the amount or not JUDGE will give punishment to contempt of court... is that so? my advocate is saying like this.

Please clear me and advise me.

Expecting all of your opinions here.

Learned councels please save my life.

 

 

 

satish patil   08 October 2018

Thats not contempt.....yo simply fill an application for giving mor time

satish patil   08 October 2018

or not interested than application that behalf

satish patil   08 October 2018

or not interested than application that behalf

satish patil   08 October 2018

or not interested than application that behalf

satish patil   08 October 2018

or not interested than application that behalf

satish patil   08 October 2018

or not interested than application that behalf

SWARNA   11 October 2018

Dear All,

Please guide that I want some more time to rethink about signing 2nd motion papers in MCD.

I told this same to my councel but he told that no provisions like that in MCD.

so asking me to come directly to court on the date of 2nd motion and request the judge by myself.

If judge accept will give the same or if not he will pronounce the divorce decree.

If i didnt appear to the court on that date immediately judge will dismiss the case and for getting part alimony

its a breach of agreement and i will be liable for some punishment.

Please throw soem lights as my advocate is right? i googled in net and found his sayings ar not true.

then what is the purpose of 18 months time?

please please throw some lights to clear my doubts.

SWARNA   12 October 2018

Dear Prasanna Madam,

THANKS FOR YOUR PROMPT REPLY.

Pls note that dont assume that everybody seeking advise thru this FORUM doesnt have advocates on their own.

most of them coming here had already advocate for them (MAY BE) and for 2nd opinion they are writing here.

I just asked whether i can get time for 2nd motion or not.

Its my rights to seek advice as a second opinion as my present advocate is cheating me....

so i think its not wrong and moreover my son wish es to stay both with me and his dad.

so getting a advise is not that much wrong i think.

please learned councels and friends,

try to understand my pain and throw some lights for my issue.

 


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