Can any term of settlement for MCD be broken before divorce?

1. Reading your briefs it shows you filed a false DV Case that means? Here reason being you want to close it after filing instead of booking all impleaded accused on charges of so called alleged acts of Domestic Violence so easily on some mediation before HC.....


2. Without statement of a Complainant in a complaint case and without issuing notice to Complainant DV Case can't be closed at all ! That is where it shows you are lying in a legal forum.


3. No trial court Lawyer or even HC lawyer will charge Rs. 1 L as you say for DV case. You are setting a new record for lawyers fees it seems for Dv case keepign in view your family status as narrated at the end of your brief is inference beign drawn. That is your high expectations of moneyrama explicitly reflecting from your brief.


4. Thank your soon to be ex Husband family that they paid you 3/4 th. alimony instead of 1/4th. and returned back your stridhan off course those are supposed to be returned back which is besides the point here.


5. Now you want your remaining 1/4th. back and shedding tears that all the money (the previous 3/4 ran dry) and adding further spice saying your mother is the only one who works and money in the family is running dry now. Why don’t you work and support the family now that divorce between you two are inevitable ! These are all false statements. Reason being if a lady and or her retired father clubbed with teacher mother can afford Rs. 1 L for a DV case then the family ought to be well status family. Look around and see how many poor ladies have to stand in courts even to get R. 2 K as maint that also after years of expensive litigation.


If I recollect you asked similar que. some months back and probably skipped reading the then answers therein.


However, to satisfy your query; pls. note in a MCD either party can withdraw consent during cooling period and as your lawyer says that the DV case will be opened in SC I say he is misguiding you if the mediation took place in HC and then you say husband’s side have already got the DV case closed so either the facts are wrong or you are in for a long innings in courts. No DV case can be closed on mere paper statement signature of a complainant remember that and don’t further make mockery of criminal justice system in India by branding DV act to be so flexible that by some paper signature on some statement of complainant and in her absence in Court at the time of withdrawal of same it gets closed bze accused is placing before court some signed documents of complainant.


Wonderful imagination I must say….

Dear Mr. or Mrs. TA Jobs India,

I am shocked to see your acidic response,not knowing what I am going through.How you assumed that my case is false.If I had to lie for fun,I may as well go to a social networking site.

I am answering some of your suspicions regarding me & my case.Also expect some serious & detailed advice from those who have faith in me.

1. My DV case was very strong. I was very very badly abused from husband & inlaws within 4 walls of house where I was held captive.

But case was drafted by an inefficient lawyer who took 6 months to draft & file it.Notices were sent for another 4 months.I worked very very hard with her.So lot of pressure. I was also studying at that time.Hence poor exam results.By the end of 10th month,lot of pressure came from my lawyer & parents to settle,as they also got tired that the case has not moved an inch.Parents' health was affected.Reason being boy's side were puposely avoiding receiving of notices.Seeing no emotional support,I got fed up & decided to get some peace by settling.

2. I am over 30.So I am facing problems in getting job.Also not so highly qualified.Still studying.At that time my dad was working.So 1 lakh could be afforded.Later he got retired;no pension.So only mother's salary to run house.Obviously expenditures have to reduce.

3. I am writing for the first time.I do not understand which case you read earlier that seems like mine.

4.Yes I admit there is a mistake in typing.Forgot to mention that 1 lakh was in all for DV Case,mutual divorce and transfer and arguing of divorce case filed by husband from his hometown.But none moved a bit because of my increasing stress levels that forced me to settle down just within 4 months of filing(pressure from everywhere,as already mentioned above).

The only work my lawyer did so far is :stay granted in divorce case filed by him & notices sent to them for DV case.And he taken full 1 lakh in advance.

5. DH paid me 3/4 th alimony since he planned to waive off 6 month period on this ground.He was in a hurry to divorce me..But waive off not granted.The alimony being given is just 3-4 months of his monthly earnings,that too after deserting me for 48 months(4 years).Streedhan not fully given(gold from their side,all my books,clothes etc still with them) So what can a loner do?

6. I said first motion is yet not filed.If it was filed on time I would have got the divorce by Jan,2011.So where is the question of cooling off period or withdrawl of consent from husband?He and his family are very eager to get divorce.If they are delaying it is because all cases against them have been withdrawn.They are relaxed!

8. As I said because of so much pressure and laziness of my lawyer,I decided to settle the case.So I had to go to SC to confirm this,so that divorce filed by him also gets quashed.We had got stay from SC on divorce filed by him.Therefore my lawyer said that I have to move an application though SC only for reopening DV case for which he he'll charge me 1 Lakh.He also said that if I don't want to reopen DV case,he can also file a suit in SC for grant of interest money to me on remaining alimony,since they are delaying.And this suit will also cost me 1 lakh,because representation in SC is costly.So I must select one option.

9. As I already said earlier,I was made to sign in court that I'm receiving my 3/4th alimony and streedhan.In same paper it was written that I AGREE TO TAKE BACK MY DV CASE.

I signed this paper because I thought it means "I AGREE TO DISCONTINUE PURSUING DV CASE BY KEEPING IT PENDING,TILL DIVORCE IS GRANTED."

I was confirmed of its quashing because in MCD petition that was drafted 2-3 days later by their lawyer,it was written that DV case has already been quashed.When I questioned him over this,he said that it was quashed 2-3 days back only when i signed that paper.Now what could I do at this stage?Parents not helpful.My lawyer inactive.

Latly,I do not need to imagine anything because I stand by my facts.

I request other experts also to reply,because I'm very depressed due to these instances.I have no support from my parents also who have become stressful themselves due to cheating from all corners.

Experts,reply please   :(

Tapati Behen ji,

Aapkaa sawal hi itna lamba hai to vakil saheb logo ko jawab taiyar karne me time lagega na !

@ Author,

Words missing here and there creates confusion. I have read your very very detailed reply mail. Still I feel if a complainant lodges a complaint case no matter what comes in- between it should be followed to its logical conclusion. 

Here in your revised briefs to sum up as suggestion all you have to do is pick one of the option; 

1. Re-open complain case and/or 


2. Send him a Notice to join MC Divorce proceeding and close all issues between you two. 


If picking option 1 then you need to file fraud application and get it re-opened. 


If picking option 2 then as per last years Hon'ble SC binding precedent where it is held that in a MCD suit (as given to understand yours is as per your reply para 4) it becomes the duty of concerned Court to issue Notice to parties if they still sticking on to their MCD track or not?. So suggested to move an Urgency Application before concerned Court before Courts go on winter vacation where MCD was filed to issue Notice to him to appear before Court and done with it.


Either he will appear or he will appoint a POA to have his say and or least to least he will not appear so after the cooling period (i.e. passage of 18 months) Court will not have any option but to dismiss the same and then you will be back to picking Option 1.


You need a better sympathetic lawyer and if you can reply from which city your case(s) are in then forum Lawyer may contact you accordingly.  


All the best.

Dear Madam/sir,

Thank you for trusting.I am relieved it has been replied.I am New Delhi based.

You said 18 months cooling off period is there.But as I have heard,it is from the date when first motion is signed.In my case,even first motion is not signed.So will 18 months period apply?

I have already spent 1 lakh on paying this lawyer,who also seemed very sympathetic initially.Now whom do you recommend who remains sincere,sympathetic and most importantly very very honest,aggressive in arguments(in court;not with me)and a very fast worker TILL THE VERY END

My parents are no more willing to spend on lawyers.Rather they often taunt that I should leave the house.So is there any lawyer you know who has above qualities and gives legal aid like social service.I will never go to someone who charges money but for me he does like a social work.I have my own self respect and do not want to beg anyone.

So I would opt to go to someone who is already into such social work and can help me.But he should have above qualities.It is a must.

Thanks again

@ Author,

1. I feel there is somethign still missing in your 2 n 1/2 briefs till date. 


2. There is a DV case which you filed in Delhi, then a Divorce case which he filed from his home town and got stayed at SC may be due to transfer of divorce case to Delhi TP(C) your side might have put before SC !


3. Now, I didnot get which case went to HC level to be sent for HC mediation ? Or you mean to say that SC sent the TP (C) to D HC for mediation may be on request of your side !


4. I am glad to know that you are from Delhi. There are Mr. Justice Dhingra's several Judgment from D HC which talks on compromise and settlements and they are offcourse against the wife's back out scenarios but in your case it happened opposite so they can be used for perception purpose by your side and then there are other case citations too which makes your case quite clean in given facts only it needs a straight forward Lawyer which you rightly pointed too.


5. I normally don't refer Lawyers here and probably this is second time I am referring to a lady a lawyer from Delhi. Well I could not think of any other person other than Prabhakar with whom I have no. of times verbal bouts on family law topics in this very forum and he is on opposite path than me but I still like his writings so there you go you may talk to him at your own risk after all due delegence and if found as per your needs / requirements you may proceed and get over from these muddy waters you are in at present. However, if during face to face discussions you find Prabhakar not upto your requirement then don't blame me I being a hardcore professional respect other professionals it is other matter his and mine ideas don't match but that is besides the point and it does not come underway on professionals referrals point of reference atleast to me.


With above note I am closing my  'so called' acidic replies to your this thread and wish you and your family all the very best. Start fresh a new life it is still beautiful ought there and age is no barrier for the same................

oops..

6. then you need vacating stay at SC too.

Have you given in writing that........."DV complaint was registered due to misguidance, falsely, etc etc "?

Have you given in writing that "it was your mistake made intensionally to trouble your husband and inlaws?"

Just giving in writing "that you want to take DV case back without reasons ...is questionable at any time laterwards". Ans also as sujjested by  tajobsindia...before closure you do receive the notification...

Now just understand that you may have used it as bargain tool by which you got 3/4 of the alimony and yout parent's contribution in streedhan.....

But now even 1st motion isn't through for divorce by MCD.....Don't show your eagerness or haste for 1st motion...When the husband's side start thinking about his second marriage they would definitely settle the first marriage and get out of the mess.

Change the lawyer immediately...and before signing on anything ....think twice.......

Anyways husband's divorce suit is converted to MCD but 1st motion isn't through..........

Your in-laws and husband skillfully got rid of DV menace ..the dangling sword onto their neck.....anyone would try to negotiate it that way....simple rule of the ggame was not to falter under pressure......But now don't complicate the matter and write it off from your head ....and negotiate at the time of 1st motion...the remaining things that you think you were entitled to get back.......

More than you your husband would also be eager to get rid of this situation...but he won't be showing it off...be calm .....................and let go...........the break up f marriage has no equivalent compensation....but people have to accept it...and move on.

Bitter the break-up it would be more damaging to you.......because now a days DV and 498a is losing its social sympathetic value....and your husband is not playing the victim although you may be the genuine victim........hence don't make any moves...and concentrate on your career......Let them make moves ......

There may be a situation that your husband may move divorce again saying that you tried to bargain in MCD which was unacceptale ...but again he may have to prov his case on merits if he files again under 'fault theory" which his lawyer would definitely suggect not to go for that 'fault theory' method.

Had you contested divorce case on merits.....you shouldn't have required to file DV cases in the first place.......

Seek a proper advice from another lawyer