Withdrawal consent in mcd after few days of entered petition
Law Querier
(Querist) 15 May 2013
This query is : Resolved
A contested divorce case u/s.13(1)(ia) is converted in to sec.13b (MCD) in district family court. In applied petition of sec.13b, it shows that the petition is made without any threats. Husband has also signed mutual divorce agreement on stamp paper and other agreement of accepting and giving things during marriage. Now, after three days of applied the joint petition of sec.13b (MCD), Husband wants to withdraw his consent in MCD because the consent of husband was given by under threat of police case.
1. What reasons are advisable for husband to show in his withdrawal application?
2. Are there judgments similar to this case where court dismissed the MCD case on withdrawal of consent of a party after few days of MCD application?
3. The way of constant absent of husband in MCD procedure is advisable for husband if husband does not want to divorce?
Khaleel Ahmed Mohammed
(Expert) 15 May 2013
Once you have signed MCD Petition U/s 13 B it is under consideration of the Family Court. Further you have signed MOU in this regard. Here you are alleging that , the consent for MCD taken under threat. Had the consent taken under threat, you would have to filed FIR immediately.
I am unable to understand why you want to withdraw the MCD which already filed. I think it is not good for you to withdraw the opportunity.Do you want to keep broken glass in use? How can you lead your future life in a tense relationship with your wife.
Raj Kumar Makkad
(Expert) 15 May 2013
1. Whatever he tells, should be got written.
2. Yes. there are many similar judgments.
3. Presence on 2 ocassion is required in MCD out of which one has already been held. If husband do not come present on the day for second motion, the petition shall ultimately stand dismissed.
Law Querier
(Querist) 16 May 2013
Thank you sir...One matter I want to add in this case that wife deserted husband since more than 2 years.
Raj Kumar Makkad
(Expert) 16 May 2013
You should have posted the entire information in one go and not in piecemeal system.
ajay sethi
(Expert) 16 May 2013
chirag
dont with draw your consent . your wife does not want to stay with you . amicable divorce is best option
V R SHROFF
(Expert) 16 May 2013
Chirag,
Husband should keep quite for 5 months,
At 2nd motion,Do not appear,
OR
DO NOT GIVE YOUR CONSENT & AFFIDAVIT.
MCD will automatically be REJECTED.
At the same time, all her allegations before Police will fail, as it is result of your disagreement for MCD.
Is this related to Canada POA for MCD??
Law Querier
(Querist) 16 May 2013
Yes,It is related to invalid Canada POA for MCD. Thanks to all..
