Mcd clarifications
Guest
(Querist) 23 November 2012
This query is : Resolved
Hi
1. One can challenge a closed contested divorce within a period of 90 days. What is the duration to challenge a MCD?
2. If there is no hope left for reconcillation and both parties agrees to show marriage on back date and successfully complete both motions of MCD then can this (fraudulant) MCD be challenged later (is there any duration again ???) by any one party saying that other party has forced them to show marriage on back date thus making such MCD void???? Any other risks for such MCD filed showing back date marriage ???
Please suggest the law (not the ethics :-)).
Devajyoti Barman
(Expert) 24 November 2012
Fraud upon court has great implications and it can be challenged at any point of time.
V R SHROFF
(Expert) 24 November 2012
Court will go thru Documents and AFFIDAVITS filed by husband and wife, with marriage photographs, Marriage Registration, Residential proof [ Ration Card, Drv Lic, PAN Card, Passport] for territorial jurisdiction, Birth date proof by School Leaving Certificate , Photo Id, with signatures on Photos, and give 6 months time to cool , and have sufficient time for a girl, or boy under threat or force:
so ground of threat or force cannot be a valid ground.
After 6 months , Judge ask Questions even to Parents or relative, whether consent was voluntary , or obtain by fraud, force , .
So there are no any such lapse.
Over and above, all case details are available to the entire world on Internet, with name, address of parties, case number and Court details on net.
So Such misrepresentation / fraud with Hon'ble Court will result in jail/ cancellation of decree of divorce, .
No chance for fraud.
Guest
(Querist) 24 November 2012
Sir,
Marriage took place as per hindu marriage act but not registered yet thus marriage card can be the only proof of marriage date.
If both party are agreeing then this marriage card can be reprinted on back date and MCD can be filed now and second motion will be completed after 6 months.
But I was having a fear that can other party get pissed off in future due to some/any reasons and challenge this divorce decree (saying that they filed MCD under pressure of other party)??
ajay sethi
(Expert) 24 November 2012
we dont advise you to fabricate documents . get card printed on back date or try to hoodwink the law
Guest
(Querist) 24 November 2012
Sir,
I agree that it is not advisable.
All the reconcillation talks are over. We are just sitting ducks waiting for one year to get complete.
You know the situation now-adays, till the time one year is not complete husband side will be carrying this fear of false 498a so its better to start the process as early as possible.
Thus I asked for legal advice not ethical one.
Thanks
ajay sethi
(Expert) 24 November 2012
no lawyer in this forum will advise you to fabricate documents . we are officers of court we cant be party to advising you to circumvent the law
Guest
(Querist) 24 November 2012
OK thanks.
V R SHROFF
(Expert) 24 November 2012
Do it legally. Get Affidavits signed that no dowry, no 498a was acted or practised, no force, no cruelty, And willingly getting separated, and ready to file MCD Divorce each other, No complaint against each other. It will help you, and protect you .
GET APPROVAL FOR LIVE -IN -RELATIONSHIP IF IN HURRY. Carry on, as if Divorced. Bt get your Divorce legally. NO FRAUD.
WIFE CAN FILE PETITION AND GET DIVORCE IMMEDIATELY WITHOUT WAITING, ON OTHER GROUNDS.
Your Advocate will explain you how.
Guest
(Querist) 24 November 2012
Hi Mr. Shroff
Thanks for your reply.
I did not understand fully your last comments. Please elaborate
WIFE CAN FILE PETITION AND GET DIVORCE IMMEDIATELY WITHOUT WAITING, ON OTHER GROUNDS.
V R SHROFF
(Expert) 24 November 2012
That's why I mentioned: Your Advocate will explain you how
I cannot explain everything on public forum. ur confidential advocate will do needful : After all it is all privileged confidential.
Raj Kumar Makkad
(Expert) 25 November 2012
Shroff has rightly clarified each and every point of query.
