Advice for serving divorce notice to respondent

In my opinion respondent's proposal for one time settlement and to file MCD is merely a legal dodge or hoax of the respondent.  Better you make paper publication in two local news papers in compliance to the court's order and await for the Divorce order.

Thank you Saravanan and Biswanath Sir!

My advocates suggesting go for mcd which is good for your future without any obligations hence i accepted by giving money though my spouse deceived and deserted me.

I will discuss with advocate and try to stick to continue with contested divorce petition.

From my long experience I can say if you proceed for amicable settlement and MCD you may fall within the strategic trap of the opposite party.

@agadu123 - Biswanth Roy is a Senior Advocate and his advice is valuable.

First find out whether Power of Attorney is available in the Court or not. 

Even if you go for MCD. Don't give any settlement or pay money right away.

First of all why did you agree to pay money? She is working abroad and earning well leaving her daugther in India. 

There are several ways to pay the money and pay through court.

And after second motion Judge can give orders to pay the money to the other person as part of alimony.

Also if you are going through MCD, please clearly state everything about one time settlement. It should be clearly drafted in the petition. 

The reason they came down now is they know that you are going to Publish in news paper and they thought they will loose the respect whatever they have in that place. 

You fought for 2 years or more and at this last stage. Now you want to go for MCD.

I can understand you lost your time, money and strength, if you are fed up with legal system and now you might have negative Tolerance and Patience levels.

But now is the time, you should stand up and say I won't give her a penny.

Let them do whatever they can. The reason why I say is the ball is in your court. The Court ordered to publish about the case details in a news paper. Even you can post another full page ad that she is missing for 2 years. Even though you publish she will not appear and then you will get an exparte divorce. May be less than a Year. 

I know my writings are easy, but it is you who are really going through. 

I wish you Good Luck...

Thank you Sir @SuperHero!

I completely agree with you and am in same state but our advocate have been suggesting to go for MCD since respondent parents came forward asked for one time settlement thorugh their advocate for your daughter and did not ask for your wife since she has well settled in US. This is a good opportunity instead of fighting for divorce through actual facts.

You may fight and get divorce after some time but again get into some other complications if you get through decree. I got confused and lost the patience since i wasted my time more than 6yrs though filed petition 2yrs back and agreed to pay the amount for my daughter. Again they started saying she will not come from US but her father will take the charge for MCD proceedings and, I need to withdraw contested petition. Hence, I reached out to forums for advice.

I keep in mind your points and proceed with existing petition.

Dear Sir/Madam,

I have been trying to serving a notice to respondent but failed to serve in last 2yrs, also in court the process is moving very very slow. so far have spent more than 2yrs but till now not served the notice to respondent, in June-2015 judged has mentioned for paper publications but for which paper the publication should go has not declared it's more than 4months now.

I have decided to go for MCD by removing all facts and paying the final settlement as I feel I won’t get justice as per India process and law. The respondent advocate and my advocate decided that respondent will not present in court but her father will produce the GPO and proceed further, I have mentioned that without respondent it's not a smooth process they mentioned it would be manageable and won't be any problem for you. I don't have any choice except agree with them and move ahead as I have lost my personal life for more than 6yrs and money with mental torture.

Also 2yrs back contested divorce petition will be withdrawn and file with MCD.

While going for MCD what are the points should be mentioned in MOU to avoid any future allegations or problems as respondent is not going to present in court.

The final settlement is for respondent and my daughter (respondent wants take care of her), I don’t want to see any future any kind of allegations from them and any financial claims.

Kindly suggest for the points should include in MOU

Hello Experts, Can someone suggest?