Mutual consent divorce
sandykrish
(Querist) 24 February 2014
This query is : Resolved
Hi I have a typical question for experts on this LCI forum.
1. Wife Deserted Dec 2012, several elder meeting failed. Did not come back
2. Filed RCR August 2013, in the mediation demanded 20 lakhs, Arrived at one amount but my and my counsel condition was DD will be handed over during the second motion and precisely on the day of Divorce Judgement
3. Wife agreed filed first motion, we both filed the divorce on Jan 02 2014 and the next date of hearing is on July 04 2014. I believe the first motion is over is it right?
4. Now I had withdrawn my RCR petition based on the MCD petition filed.
5. Now if she doesn't turn up for second motion will this amounts to mental cruelty? as only because of her I withdraw RCR petition.
6.I believe the only option left out to me is the contested divorce. How good will my position be if I apply for the contested divorce based on the above grounds?
Devajyoti Barman
(Expert) 24 February 2014
If she does not turn up, you can file either RCR or divorce.
sandykrish
(Querist) 24 February 2014
Thanks Devajyoti Since I have already withdrawn the RCR petition I am no more intesreted in her offer to come back and live with me. It is all the strategy from them to delay things and misguide the court and court system by choosing this route.
If I apply for the contested divorce based on the above ground will court consider her act for applying for first motion and suddenly stating not interested in divorce. she is not ready to reinstate the conjugal rights also not interested in divorce also
Sankaranarayanan
(Expert) 24 February 2014
The solution is only either RCR or divorce , if not then you make her to accept any one by way court
sandykrish
(Querist) 24 February 2014
Thanks Sankar for the explanation. However, with regards to RCR why I am not interested is when I applied RCR she came in to mediation, misguided the mediator that she is not interested in marital life agreed for MCD and then when myself and my councel decided not to handover the DD/cash to her while during the first motion she agreed for the condition that she will take the DD at the time of judgement.
It is not but driving the court and me in a wrong directions. I agree the only way out is Contested divorce. Will the above behavior of my wife is considered as cruelty? I know it is very difficult to define cruelty....
Thanks Devajyoti
sandykrish
(Querist) 24 February 2014
Will the above behavior of my wife is considered as cruelty? I know it is very difficult to define cruelty....
Nadeem Qureshi
(Expert) 25 February 2014
yes, her act comes under cruelty.
Rajendra K Goyal
(Expert) 25 February 2014
Yes though this is hypothetical at this stage but can proceed for contested divorce if she does not turn up for second motion.
T. Kalaiselvan, Advocate
(Expert) 27 February 2014
@Sandykrish: first allow the event of second motion to happen, i.e., yes or no; I understand your feelings that in case she is not turning up to during the second motion, the case will be dismissed and you will be put o mental agony once again. Thus, as decided by you, the best option available before you is to file a divorce petition on the grounds of mental cruelty as well besides other grounds, quoting this incidence as evidence. Your case will become much stronger. Thus, you can go ahead, with your plans, in the event of a negative outcome during the second motion, there is nothing wrong in it.
V R SHROFF
(Expert) 27 February 2014
There was no need to withdraw RCR.
Matter would have been decided thru Lok Adalat, and on same day, Divorce was possible, with consent terms of DD payment.
Now wait & watch.
Again u may not agree to hand over DD, before Div Decree, THEN WHAT??
Not a properly managed Legal battle.
So will delay..
