Urgent help regarding the second motion of mcd
deepika
(Querist) 02 July 2013
This query is : Resolved
I need a honest help and suggestion. There is forced mutual divorce on me by both the families and after first motion 50% of the agreed amount has been taken, but now facing the pressure from my husband and his representative to sign the second motion. But i am not interested in either the payment or divorce to the extent i ready to give back the first amount also. I am victim of torture but still i want to live with him that i am not interested in divorce at all. Kindly guide me what to do next inorder to live with my husband. i am not interested in second motion and how nullify it. What to do next should i go for fresh affidavit on which correct separation time is mentioned earlier is wrongly mentioned one year, actually the is separation of one month. or should i mentioned in filling new affidavite say thet i donot want divorce. Should i go for RCR or domestic violence. He is not interest in continuing the relationship any further. should i fill the affidavit before it is being filed by the counterpart seeking the divorce. Acording to originigal deed the second motion is overdued by two months. Pls Do help and guide. Its urgent.
ajay sethi
(Expert) 02 July 2013
as per consent terms signed by you 50%of payment has been already paid to you .
you have on your own accord signed the papers for divorce by mutual consent .
if you dont appear in court on second motion or with draw your consent the petition may be dismissed . however your husband may argue that you have already been paid 50%as per consent terms and that divorce be granted .
ajay sethi
(Expert) 02 July 2013
it dosent make sense in filing DV case. it is advisable to split amicably
Adv. Chandrasekhar
(Expert) 02 July 2013
You immediately move an application supported with an affidavit before the court where MCD is pending showing your disinclination to go for MCD and your willingness to return the amount you received at the time of first motion and pray for dismissal of MCD case. The court has to accept your prayer and dismiss the MCD petition and may direct you to return the amount. But, the court cannot force your husband to live with you later on. The things will remain as such and you both will be estranged couple unless some good samartin comes and resolves the differences between the estranged couples. Do not believe that by filing RCR petition, the cohabitation will resume without hitches.
Rajendra K Goyal
(Expert) 02 July 2013
You have rights to withdraw MCD before the second motion. You may have to refund the 50% amount taken by you.
As mentioned expert Adv Chandu ji, court can not force your husband to live with you. fully agree with the views of expert.
prabhakar singh
(Expert) 02 July 2013
You are with several options explored by experts and you can opt any of them that suits you best.
