Mcd
Account
(Querist) 05 October 2014
This query is : Resolved
Hi. we have filled MCD and after few days it will come for final hearing. Counselors report also signed that no reconciliation is possible. The petition is clean having no alimony. Now i wish to stop the divorce but my husband do not wish. What are the options available for me? can i stop? Thanks
ROHIT SHARMA
(Expert) 05 October 2014
1. It appears that you have filed the second motion also, then at the time of the final hearing you can depose before the court that such M.C.D. petition if decreed will deprive you to secure your future as the M.C.D. petition has not incorporated any provision for paying money as towards satisfaction of alimony. The court may inquire into such facts and may not consent to decree the M.C.D. petition unless the M.O.U. entered into is revised.
Account
(Querist) 05 October 2014
we have filled petition before 6 months and appeared for first motion before court. After that during counseling session concealer tried to convey and got in in writing from us that no reconciliation is possible. Now court has given us 2nd date to appear before the judge. The date is yet to come. what i need to do to stop divorce?
Account
(Querist) 05 October 2014
I am not getting what is men by filled for second motion? we have filled petition there is no 2nd motion filling as such as per my knowledge. Please let me know. Waiting for your reply. Thanks
ROHIT SHARMA
(Expert) 06 October 2014
1. Confirm this aspect of Second Motion from your advocate. This is generally termed as cooling period during which a mediation was initiated as per the court's order. If the mediation has failed then six months later from the date of filing such M.C.D. petition both the parties need to appear on the next fixed date of hearing and on such date you can recall your assent given while the petition was filed. The court will hear you and may dispose of the petition as dismissed on the count of your recalling back your initial consent.
Account
(Querist) 06 October 2014
Hello Sir. This is the second motion and mediation is failed. Only to appear before court and reconfirm the facts.
