High court appeal for mcd
Arjav Mehta
(Querist) 09 July 2018
This query is : Resolved
ME AND MY WIFE TAKE DIVORCE FROM MCD, BOTH KIDS CUSTODIAN AND GUARDIAN MY SELF AND THEREFORE I SUBMITTED 20000 TO COURT, 10000 FOR EACH KID.
SHALL MY WIFE SUBMITTED THE APPEAL AGAINST MCD ORDER TO HIGH COURT ? SHE HAD ALREADY MENTIONED IN AFFIDAVIT SHE CAN'T FILE ANY CASE AGAINST ME AND MY FAMILY IN REST OF INDIA COURT..
Vijay Raj Mahajan
(Expert) 09 July 2018
MCD is filled in Family court not the High court.
Secondly, terms and conditions for MCD are made part of the petition or Agreement or MOU of the parties attached with the divorce petition.
No need for running about for each term and condition in court when both parties agree on all points relating to children custody, maintenance non-filling of criminal cases against each other etc.
Just move ahead with divorce process in the Family court.
Arjav Mehta
(Querist) 09 July 2018
Vijay Sir,
my mcd order is in process but worried about suppose my wife will file a case against me in high court for cheating and anything else..in that case shall we eligible to admit the case at high court ?
Vijay Raj Mahajan
(Expert) 09 July 2018
How High court comes in between when the MCD still on in Family court, your presumption is absolutely uncalled.
Arjav Mehta
(Querist) 09 July 2018
Vijay Sir,
you are right but I am worried about the same that after MCD decree received is she going to high court ?
or file any case against me ?
R.K Nanda
(Expert) 09 July 2018
She can't file any case against you if MOU have such clause in it.
Dr J C Vashista
(Expert) 10 July 2018
Acceptance of terms and conditions of MCD your wife has closed her avenue and opportunity to move an appeal since she has agreed.
It is your apprehension only.
Do not rely upon the advise of experts on this platform who can form their opinion on the basis of limited information provided by you, which is bound to differ from reality.
Consult your lawyer for better appreciation of facts and guidance.
