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victim of faith (self)     02 July 2013

Breach of trust

hello everybody,

my grievances:
ours marriage is 36months old. after speration of 19 months, v hv decided to separate mutually through mcd. on his insistence,

in the process of finalising of MCD documentation, on his insistence,  i leave my right of maintenance. [this clause was cancelled in mcd]

now he does not want mcd.

whole process of suggesting of inclusion or ommission of terms in mcd has been taken place through e.mail. no hard copy is made.
thus, i do hv a proof of his active involvement in preparing mcd documentation.

does it helpful to put some pressure on it ?

if not then does terms of mcd may b hurdled in filing other cases in future though there is no signature or name of advocate nor signature of any one of us are on mcd ?.

considering the no. of months involved and terms of mcd ? [no need to clarify normal terms of mcd - absance of any kind of real or/ false allegation to each other]

now what r the options left for me to file ? and its effectiveness.

give me advice.



Learning

 4 Replies

HIRAL THAKKAR (ADVOCATE )     02 July 2013

If you want divorce, you need to file application before the family court under one of the grounds as enshrined under section 13A. However it is fit case for divorce under the ground of cruelty. Further you can file maintainence application under 498A IPC as well as maintainence application before the family court. if any violence then DV is attracted.

 

If you donot want divorce then go for restitution of conjugal rights application before the family court.

It is much better to go for new amended provisions under the Hindu marriage Act for irretrivable break down of marriage when you are seperate for long.

Regards

Adv. Chandrasekhar (Advocate)     02 July 2013

Every party in MCD hass got right to go back from the undertaking before second motion is recorded and divorce decree granted.  The parleys those held prior to filing of MCD will have no effect. So, his going back will not help you in any way.  You can file a contested divorce case if any one of  the grounds for divorce, i.e., cruelty, desertion for 2 years, adultery etc. available to you.  Breach of trust is not a ground for divorce. 

victim of faith (self)     02 July 2013

thanks.

@ adv. chandu.

i left the matrimonial home. can allege adultery bt i knw he is not tht type of man.
at this stage does allegation of cruelity stand ? someone told me tht court ask you what are doing in this period ?

@ hiral

Hindu marriage Act for irretrivable break down of marriage- is it in force ? don't know much. hv to prove something or just like declare "marriage is on verge of irretrivable break-down."

file maintainence application under 498A IPC as well as maintainence application before the family court. if any violence then DV is attracted. - can court ask tht take so much time, where r u ?

Chetan Joshi (Advisory/Advocacy)     02 July 2013

I dont understand, email are valid proofs!!

 

I mean they are.

 

Regards

Chetan(dot)7679(at)gmail(dot)com


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