13 b mcd
sandykrish
(Querist) 04 July 2014
This query is : Resolved
Hi Learned Experts:
I and my wife have filed the 13 B petition with all the Alimony amount mentioned. Now the hearing is scheduled for 07-07-2014.
When I spoke to the lawyer he told the process goes in this way where the Husband and wife will appear in front of the court and will be immediately referred to the mediation.
My questions are:
We have filed the 13 B petition will the terms and condition while filing the MCD, will there be any further negotiations or will the wife side ask more money for alimony? If yes how would we approach the case since filing the 13 B they agreed for xxx amount now if they demand more?
ajay sethi
(Expert) 04 July 2014
no the consent terms agreed at time of filing of MCD shall prevail . no further negotiations will take place . dont raise hypothetical queries
sandykrish
(Querist) 04 July 2014
Thank you Ajay. I wanted to be sure on the further steps. I had difference of opinions from Lawyers based out of Bangalore Jurisdictions.
R.K Nanda
(Expert) 04 July 2014
consult local lawyer.
ajay sethi
(Expert) 04 July 2014
thanks for your appreciation
V R SHROFF
(Expert) 04 July 2014
Before 3 days I advised you:
WAIT AND WATCH WHAT HAPPENS ON IInd Motion of 13B.
no cruelty in case wife turns up and says that she wants to withdraw the 13B petition .
KEEP QUITE ABOUT RCR for the time being.
Withdraw if Decree of 13B passed, on same day, taking on brd.
Remember;
No one stops the wife to withdraw consent even on last day !!
So if she raise xxx amt; and u don't agree, she may not file consent affidavit, and 13B fails !!!
no compulsion, just because she signed it before 6 months!! no one can stop her change her mind......
Sorry, but laws are laws..
T. Kalaiselvan, Advocate
(Expert) 06 July 2014
@Sandykrish: you are right, anything what you apprehend may happen due to the influence of greedy advocates who for their selfish motives may misguide her by casting greedy aspersions, however under such a circumstance, you may deny for the additional shelling/demand, stick to your original commitment,if she is not willing to accept/accede, let the case get dismissed, you may go for divorce on the grounds of cruelty subsequently. This is almost a regular affair happening in the family courts at Bangalore, so better be aware of this and take precautions accordingly.
