Mutual Divorce 2nd motion

1. Ask this que. to the lawyer who drafted the MCD T&C does he have a convincing answer for you !

However:-


1a. If one party withdraws consent before expiry of MCD cooling period in full knowledge that T&C of MCD arte fulfilled in spirit by another party then the only option which is left is to approach Hon’ble HC and get relief.


1b. It is the fault of a Lawyer to guide his client to pay full and final before going in for 2^nd. motion MCD.


Reasoning:

A lawyer knows the pitfalls of such Agreement based on experience and what has been learnt in legal studies otherwise he has no moral rights to remain a lawyer to the same client.

PERIOD

Why the money was not put in escrow account or in other similar fashion?

taj of india is absolutely correct.

a blunder by legal counsel.

See the thing is the other party lawyer was husband's uncle's friend. He is actually a well known lawyer. Husband do not have any lawyer involved in this case. Husband has given money to the other party lawyer thats y this mutual divorce petition is filed. This is all game of believe. There will not be any problem bcoz somewhere in lawyerforum I read that wife cannot withdraw the case bcoz she has to give valid reason for that. Since in terms  and condition its mentioned she has received lumpsum amount and she cannot claim that in future. Only thing is she can drag the case till 18 months nothing more than that. HUsband just want to know is there any way out before 18 months if wife didnot turn back on 2nd motion for which posibility is very less. Husband just want to make sure if this happens then whats the next step.

Here is the link

https://courtnic.nic.in/supremecourt/temp/dc%201436107p.txt

https://www.498a.org/forum/viewtopic.php?f=8&t=5055

In this Supreme court has given divorce. This is the case between Maya Jain and ANil Kumar jain, in which wife withdraws consent but sinc eproperty rights are transfered to wife, divorce is granted.

Dear Charanpreet,

Not to worry. Even now you can save your interest, there is one bombay high court judgment, you can try that judgement wherein it is mentioned that even on second date, wife withdraw her interest then court can provide divorce.

Or you can try another judgement of supreme court wherein if earlier litigation was pending for more than 6 months then your six month waiting period can be waived off by lower court.

or there are few another options but for that you need a good lawyer or detailed consultation.

Regards

Dear Kamal & Charanpreet,

With due respect to Sri Kunalji, I have gone through the Bombay High Court Judgment referred by you, but the same is not applicable in the instant case. The facts of that case was different. In that case the original petition under Section 13 was still pending and thereafter petition under section 13B was filed by the parties. In the present case the original petition under section 13 is withdrawn and thereafter petition under 13B is filed.

By the way not all Courts throughout India are following the Bombay High Court Judgment. In one of my cases in Delhi, I had in fact produced the said Judgment but the Delhi Court was not convinced about the same even though in my case the facts of the Bombay High Judgment was  similar to the facts in my case. However the matter is still pending and the Judgge has not decided on the issue. Therefore one has to see also where your case is pending.

tsthaker@rediffmail.com