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HarassedHusband (SSE)     20 April 2016

Changes after judgement and before decree

Respected People,

In a Mutual consent divorce the judgement was pronounced in open court but the decree is not yet done.

Wife asked for marriage expenses and exchange of items which is still pending.
On the day of judgement both husband and wife were absent.

My question is as below
1. Is there any chance to wife/husband to create problem before the decree is done?
2. What if the demands were more and if not addressed, can the divorce can be stalled in that case?
3. Is there any other chances to stall the divorce?

Kindly let me know the answers, Thanks in advance.



Learning

 5 Replies


(Guest)

As it is mutual consent divorce you both need to appear on second motion ie date of order, sign the relavant papers, otherwise your MCD applicatoin will be dismissed, if any of the parties have quams they can approach FC with new application asking divorce of course with new terms.

HarassedHusband (SSE)     21 April 2016

Respected B.Pineapple Sir,

 

Thanks for your time and replay, 

In the case the Judgement is done and divorce is granted, but decree document is not yet released. both appeared for second motion and the consent is recorded from both in Evidence stage

Is there any chance to either of spouse to hold the decree or change the judgement?

Is there any possibility to challenge the judgement in future as the exchange of Stirdhan is not yet completed.

 

Please educate me on the above mentioned questions, thanks in advance

 


(Guest)

Your query is confusing.  Once you file MCD, two dates appearance is must and should or at least POA appointed should appar on second motion, then divorce will be granted.  If not no.  Thre is no more scope for any drama of any sort. However if one party does not appear court will wait for 18 months before dismissing MCD for nonappearance.

HarassedHusband (SSE)     21 April 2016

Dear Don Corleone Sir,

 

Sorry its my fault as i have not provided the details about first motion and second motion

First Motion: Both appeared filed the MC petition (and Waited for 6 months)

after 6 months, judge adviced to move to LOK ADALAT we both went to lok adalath and mentioned agreed for divorce without any alimony

After lok adalat 2 motion was done after a week (last month) on the day of 2 motion evidence stage is completed for both and case was posted to argument

argument stage got completed after 15 days from the day of evidence (or 2nd motion)

after evidence stage one of the spouce asked for exchange of items and marriage expence with the lawyer (not in the court)

Few days back the judgement done and divorce announced in open court, on the day of judgement both husband and wife were not present

The above mentioned things are the brief history of the case.

Now my doubt is 

1. Is there any chance for wife to hold the decree or change the judgement?

2. Is there any possibility to challenge the judgement in future as the exchange of Stirdhan is not yet completed.

3. If husband doesnt give the marriage expenses, does it harm?

Note: No where in the MC Affidavat or any other documents its mentioned about the Marriage expenses or any alimony to be given by husband to wife.

 

Sorry for the not posting full information in the first thread, appologies for the same.

 

Kindly answer my questions, soon i am going to meet them for exchange of items

 

 


(Guest)

Terms mentioned in the MCD if not complied with, will make divorce granted void.  Same can be challenged in Hon HC. You can reply if the divorce is challenged in HC.


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