Mcd -ensuring appearnce in second motion
Guest
(Querist) 03 March 2012
This query is : Resolved
If in MOU, wife agrees to withdraw cases u/s125 and dv and in court it is mentioned that it will be done after first motion of mcd how can it be ensured that husband would not delay the second motion?Can now wife ask court that cases will be withdrawn after second motion instead of first motion?
Guest
(Expert) 04 March 2012
Is the MOU in writing or verbal?
Shonee Kapoor
(Expert) 04 March 2012
:-) :-)
When you first agreed, why did you not put your apprehensions there.
In any case, there are hosts of judgments when the going back on compromise is considered as a cruelty and hence the divorce is granted.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Guest
(Querist) 04 March 2012
Mr. Dhingra
mou is in writing and it is mentioned in mou that suits will be taken back but time has not been specified.but yes orally it was asked by mm when would it be taken back .At that time it was said that after first motion it will take place.Then stataement regarding mou was recorded.
Guest
(Querist) 04 March 2012
Mr. Shonee
Delay drama was not known to me, so it happened.
Now I wish to know whether court can be asked to not close the suits till second motion .The reason is that if he delays ,it will be sheer wastage of time .so to stop him what is possible?
prabhakar singh
(Expert) 04 March 2012
Yes! That you can pray to the court.
Raj Kumar Makkad
(Expert) 05 March 2012
Prayer in this regard should be made to the court which generally is accepted.
Shonee Kapoor
(Expert) 06 March 2012
1. It has to be seen how the MoU was drafted.
2. Yes, cases can be closed or at worst a statement to the effect that after second motion the complainant would withdraw the cases can be recorded in the same court.
3. There are hosts of judgments right upto SC, that a compromise once effected can not be backtracked by the complainant.
If you think that undersigned can be of any assistance, feel free to get in touch.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Guest
(Querist) 06 March 2012
sure,thanks.
Guest
(Querist) 14 March 2012
As per MOU, withdrawal of case has been mentioned on Date fixed,but on being asked by mm whether to withdraw after first motion or before first motion ,we had said we shall withdraw after first motion. now mm is asking not to delay it till second motion but we want it to be after second motion . Is it not the right of complainant to choose when to withdraw ?
Shonee Kapoor
(Expert) 16 March 2012
As I suggested withdraw reserving your right to reopen if the conditions are not met.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
