Please advice
Shiva
(Querist) 27 July 2013
This query is : Resolved
My Wife`s Lawyer spoke to My Lawyer to settle the issue with MCD. Can anyone of you give me in detail
Mention below
1) What is the time-period for MCD? What happens in first payment and when second payment is made? And when Divorce is given?
2) Does MCD differ from State to State and which state gives much faster?
3) As said by my Wife`s Lawyer to my Lawyer that she (my Wife) will come to our
house and she will take her belongings Is it true?
a) What if she comes and she says that she does not want to go?
b) What if she comes and takes away, which is not her belongings like Cot,Alamirah,etc.
4) There are 2 cases booked against me and my parents by my Wife.
Both Cases are:-
a) One is DVC and
b) Restitution of Conjugal Rights
Both cases are operating in 2 different courts. If one case is given mutual divorce which is DVC.What will happen to other case i.e RCR. Will RCR case also dismiss as in one case is given mutual divorce.
5) Please answer me points
Thank You
Shiva
Nadeem Qureshi
(Expert) 27 July 2013
Dear shiva
as per section 13 B of HMA there is a provision for mutual divorce and the time limit is 6 to 18 months.
hindu marriage act is applicable on all states except j&K so all the court follow the same procedure.
before filing MCD execute a MOU and after that all the query can be resolve as per MOU
Raj Kumar Makkad
(Expert) 27 July 2013
Both lawyers have to just chalk out the legal formalities for effecting the mutually agreed terms and conditions so don't be panic.
Frame a mutually agreed terms including the mode of payment and withdrawal of both pending cases and the return of belongings of your wife.
Shiva
(Querist) 28 July 2013
Is it necesarry to make MoU as per above Nadeem.
Or shall we go ahead with Mutually agreed terms as per Raj Kumar.
Shiva
(Querist) 17 August 2013
Hi,
2 parties came for MCD, we have also given MCD infront of the superintendent
incharge and he gave us the date within 6 months and one time amount is been paid when MCD was filed and rest amount to be paid within 6 months, i.e. when decree of divorce is to be given.
Now, on that day Judge did`t turn-up, as their some occasion.My Lawyer States for withdrawn of 2 cases against me and my parents, he needs to write petition and for this he needs 20,000 INR. Is this true?
Devajyoti Barman
(Expert) 17 August 2013
Charges of lawyer differs from person to person. Generally the fees of an advocate is fixed at a lump-sum for MCD and no separate fees is claimed for this.
Shiva
(Querist) 12 December 2013
Hi All,
Thanks for your reply. Now, all the cases has been withdrawn.Do I need anything any Certified Copy from Court.
And MCD final i.e. decree will happen within few months from now.
Also, I need to know from you all, last night there lawyer called me for personal work as one of his relative is coming to the place were I `m staying and he is recently passed out college graduate/engineer. To give my mobile number to his relative so that I can arrange rent house for him which is nearby to his office.May I know why did he call me? any other it jus my insight.
Any comments please.
ajay sethi
(Expert) 12 December 2013
after MCD is passed obtain copy of the order passed by family court . help defendant lawyer relative
V R SHROFF
(Expert) 12 December 2013
Hope u signed/ filed MCD with consent terms.
Fees charged is reasonable, as Lawyers have to appear and wait for a day in court during ur filing, counsellings, affidavits, hearing, Decree etc.
