LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

eric   22 August 2016

Cheated by common lawyer in mcd

Hello,

My husband appointed a common lawyer without my knowledge and forced me to file a mutual consent divorce (MCD) application. I had just 2 meetings with this common lawyer where she convinced me and scared me into agreeing for the MCD. I wasn't told about the signing in advance, I woke up one morning and was forced by the husband into going to court and sign. I signed under duress though I don't have too much proof to show I was forced.

After a month or two I found out my husband is having an affair and his GF is dictating all terms to him to throw me out of the house for a pittance. The settlement he's offered in the consent terms is not enough for me to live a dignified life with my child. I'm uneducated (but well spoken) and can't get a decent job to support myself as my in laws did not allow me to study beyond the 10th. I also have no family at all to support me.

A month or so after signing the application and filing the consent terms I found documentary proof of his GFs involvement and also scandalous pictures of them both. Moreover I found documentary proof that this common lawyer was actually just working on his instructions and was fooling me by giving wrong advice and leading me on. I also found evidence that husband and GF conniving to cheat me out of a decent settlement, the husband, common lawyer and GF conniving to take my son away, etc.

When I found out all this I couldn't take it any longer, I borrowed money from a few friends and engaged a lawyer for myself who wrote to the husband's lawyer (our initial so called common lawyer) for a joint meeting to discuss the divorce case. As soon as my husband found out about it he was back to his aggressive nature and was very upset. Nevertheless I stood my ground and we had a joint meeting with our lawyers. We put down our concerns about the consent terms.

Ever since that meeting his lawyer is insisting we give our concerns about the consent terms in writing, I think she's trying to show that I am simply after more money. My husband and her don't know I have all this documentary evidence about their misdeeds. In the latest letter the husband is demanding I leave the house immediately and stay on rent until this divorce is settled. I don't want a divorce as I can't survive alone on the pittance he is offering but staying at home means I'm facing daily mental harassment and verbal abuse from him and his father. I have found out recently that husband is transferring all his assets (on advice of his GF) and flat ownership to someone else's name just to throw me out of the house and cheat me out of a decent settlement.

Husband's lawyer is claiming that once I have agreed to the MCD I can't back out now (when she told me the exact opposite while she was pretending to be my lawyer). I don't want a divorce, I want to stay for my child's sake and if my husband is hell bent on divorce I want a decent settlement to be able to take care of my child and give him a decent lifestyle which he is accustomed to.

My lawyer is telling me not to worry, there is no way a court will grant divorce unless I go in front of the judge and sign but I'm confused as I have read judgements on the web where court has granted unilateral divorce. Husband is trying to portray that I'm greedy.

In light of this can someone advice? Should I withdraw my consent now or wait until the 6 month court date to go and refuse?

Can our common lawyer's misguidance and conniving against me be taken seriously by court and can I use that to refuse divorce? I have some proof to show this.

Can my Husband's affair and his conniving with his GF be taken into consideration before the court on the date? Can that be grounds for cancellation of the MCD? I have proof of this.

Can I stop him from transferring his assets just to cheat me and throw me out?

I don't know what to do, I'm facing a lot of pressure from my husband and verbal and mental harassment. I'm scared to approach the police as it may become a very big matter and I don't want my son to see all this.

I have full faith in my lawyer but being a woman without any support I just want to be reassured with as many seasoned opinions as possible.



Learning

 18 Replies

eric   22 August 2016

It is true; I have documentary evidence. But 498 is demoestic violence right? On what grounds can I file domestic violence, I don't have proof of that. And 420 is cheating I'm guessing, 420 against husband? How, on what grounds did he cheat me? Conniving with the mutual lawyer?

Angad Singh (Lawyer)     22 August 2016

Ma'am,

File a suit u/s 125 of crpc for maintenance from your husband. record every conversation you have with him. Also, go to the court with your lawyer and retract your consent for the divorce. Do not use your maintenance rights under HAMA immediately.

If you want a divorce from your husband, after retracting your consent for mcd, file for divorce under sec 13(1) of the Hindu Marriage Act.

1 Like

eric   22 August 2016

Thank you sir, what I wanted to know is can he get a unilateral divorce on any grounds if I go to court on the 6 month date and refuse/withdraw my consent. Will the judge ask me that if you gave your consent first why are you withdrawing now? If judge asks what should my stand be? I have changed my mind or the reaons of being cheated by husband, lawyer and the fact that everything is being dictated by his GF?

Because my husband is trying to portray that I am being greedy that is why I am backing out after signing. But I have proof of his affair, of his GF and he plotting to throw me out and getting a divorce and of the so called mutual lawyer actually working only in his interests and witholding information from me and providing me with no advice at all and also perhaps wrong advice.

eric   22 August 2016

So I should I file a police complaint or go to court for filing these complaints?

A walk alone (-)     22 August 2016

After reading your threat it doesn't appears that you are uneducated. Anyway its MCD anyone can backout / withdraw. Judge can't force you for divorce. You can also tell reason of withdraw. For maintenance you can file crpc 125 and DV. You can also file 420 on your husband
1 Like

Vibha   23 August 2016

  1. The way you have described your situation, it does not seem like you are uneducated. 
  2. You can attend next date in court and say you changed your mind. You no longer consent to divorce. No need to give any reasoning or explaination whatsoever. If judge asks you, you can simply say "for sake of my child".
  3. It seems marriage is already dead and divorce is outcome one way or another. 
  4. You have many legal avenues, 498a, 420, DV, CrPC 125, HMA 24. Your lawyer can explain how grounds can be easily made for filing all these cases against him. 
  5. Cases usually start with rush of complicated feelings but eventually they get boring. Then matter boils down to money and nothing else. How much will it cost to fight another year in court, how much can I get today? What can I do to get more? What can he do to drag me longer? You will be asking your lawyer these questions hundreds of times.
  6. I dont know if litigation will actually fetch you more money or not. 
  7. What I do know for sure is that litigation will suck the joy out of your, your husband's and your child's life for a few years at minimum and will leave emotional scars for a full lifetime. Child will be caught in the crossfire as you parents play Mahabharat with each other in courts. 
  8. Wise person has said, "you can be happy OR you can be right, you can't be both". Court cases are all about proving yourself right. Talking it out calmly and ending the relationship without bitterness is all about finding a way to be happy. 
1 Like

innocenthusband   23 August 2016

Originally posted by : Vibha

You have many legal avenues, 498a, 420, DV, CrPC 125, HMA 24. Your lawyer can explain how grounds can be easily made for filing all these cases against him. 
 

 

 

Could somebody advise why the OP is being advised to file 498A? She had signed MCD (under duress) and the case has probably progressed to well above a year. Do they think the court would even allow proceedings against 498A when they have been living seprately for such a duration? And to suggest filing DV? Again, she is not staying with him, where does the question of DV arise?

 

Originally posted by : eric

 I don't want a divorce as I can't survive alone on the pittance he is offering but staying at home means I'm facing daily mental harassment and verbal abuse from him and his father. I have found out recently that husband is transferring all his assets (on advice of his GF) and flat ownership to someone else's name just to throw me out of the house and cheat me out of a decent settlement.

Husband's lawyer is claiming that once I have agreed to the MCD I can't back out now (when she told me the exact opposite while she was pretending to be my lawyer). I don't want a divorce, I want to stay for my child's sake and if my husband is hell bent on divorce I want a decent settlement to be able to take care of my child and give him a decent lifestyle which he is accustomed to.


 

 

You cannot be forced to file an MCD like that. Its not a simple document that you submit to court and the marriage gets dissolved. You did engage a lawyer and you did attend court. After all this, you do not want to proceed with divorce. 

As much as you would like to pretend that you were "forced", it certainly wasn't. You did sign it at the time and now that his GF has got into the picture, you do not want to divorce.

Eric, if one were to read your initial paragrapgh, it seems your ex's new GF seems to be the problem. Whether your ex devised the MCD with her or another 10 GFs are none of your business or problems. If you were being asked to sign the MCD under duress you must approach the police and court asap. But the trigger here seems to be his GF which is the wrong issue. You must not care what he does with his life. He is your ex now. The sooner you accept it, the better.

eric   23 August 2016

Thanks to all the positive thinkers who are trying to help out. I am well spoken but not educated beyond school; I am well read but couldn't pursue a formal education due to inlaws. My point about that is I am not going to get a well paying job with my education.

---------------------
Innocenthusband I don't think you read my original post and just jumped in to the fray with wrong assumptions; perhaps due to some prejudice because of your past experiences.

Why are you assuming I'm not staying in my husband's house and the case has progressed well past a year? You are wrong on both counts, it's been barely 3 months and I am living in my matrimonial home.

You don't live my life, you don't know what kind of mental and physical threats I faced because of which I was forced to sign it. you don't know how his lawyer has cheated me, I have documentary evidence about everything I am claiming.

Why did you assume I engaged a lawyer? Please read my original post carefully and don't let your own past bitter experiences cloud your judgement into making false assumptions about every woman and giving incorrect advice and maligning every woman. I'm sorry for whatever you faced.

I did not know the law recognised the filing of the first papers/petition as the final divorce as you are claiming. I'd rather not take your prejudiced advice and rely on the other kind hearted people here.

innocenthusband   23 August 2016

Originally posted by : eric
Why are you assuming I'm not staying in my husband's house and the case has progressed well past a year? You are wrong on both counts, it's been barely 3 months and I am living in my matrimonial home.
 

 

For divorce by mutual consent Under Sec. 13B. of Hindu Marriage Act, 1955 it requires that both the parties to a marriage have been living separately for a period of one year or more (it is mandatory provision)

Barely 3 months, eh? How is it that the MCD that you were supposedly forced to sign even admissible in court?

Are you even aware that a "no fault divorce" does not exist in HMA?

 

Originally posted by : eric
You don't live my life, you don't know what kind of mental and physical threats I faced because of which I was forced to sign it.   

 

Have you ever heard of these people called the 'police'? They are there to protect you from threats. There are even wings of the police known as 'mahila police'. Please don't waste the courts time by not engaging with the police first. The court should be made aware that you were threatened into signing anything for that matter. 

 

Originally posted by : eric
Why did you assume I engaged a lawyer? Please read my original post carefully and don't let your own past bitter experiences cloud your judgement into making false assumptions about every woman and giving incorrect advice and maligning every woman. I'm sorry for whatever you faced.

I did not know the law recognised the filing of the first papers/petition as the final divorce as you are claiming. I'd rather not take your prejudiced advice and rely on the other kind hearted people here.

 

Sorry, Im not being bitter at all. Nobody goes for signing an MCD without a lawyer. Without the lawyer being present the judge would not even consider the petition.

Your post does not contain a lot of truth. 

Without stating the truth you probably won't be able to get advice from the "kind hearted people" here.

 

eric   23 August 2016

Please read my original post very carefully if you are interested in protecting my husband then rethink all the stuff you have written. Your bitterness towards all women is clouding your judgement. Once again I'm sorry for whatever happened to you. Stop making accusations and stay out of this if you have nothing to offer.

innocenthusband   23 August 2016

Originally posted by : eric
Please read my original post very carefully if you are interested in protecting my husband then rethink all the stuff you have written. Your bitterness towards all women is clouding your judgement. Once again I'm sorry for whatever happened to you. Stop making accusations and stay out of this if you have nothing to offer.

Absolutely no accusations made at all. No bitterness against any women in any post of mine here (I challenege you to quote me if I did). Stop pulling the woman card.

Only saying that what you have posted is not the truth.

And stop being sorry for "what happened to me". I don't want your sorry.

You have no right to stop asking me to post if I have "nothing to offer". This forum is not for people to give or take anything.

innocenthusband   23 August 2016

Originally posted by : autohide147
I like how Vibha said that fighting husband-wife court cases leaves scars for lifetime. Reading this thread makes crystal clear what she meant.

 

 

Reading some posts makes one realise that some people can never resist taking potshots from hidden areas. They just have no point to make, but they simply cannot resist from pulling down people with whatever they can. They try to act very gentlemanly by offering apologies after they openly mock others, but they continue with their cheap, irresponsible, wasteful sniping from hidden quarters.

 

 

Wouldn't you agree with me?

eric   23 August 2016

I'll stop. You stop deciding the truth according to your whims and fancies. And I'm happy for whatever happened to you. Is that OK?

innocenthusband   23 August 2016

Originally posted by : eric
I'll stop. You stop deciding the truth according to your whims and fancies. And I'm happy for whatever happened to you. Is that OK?

 

 

LOL, what would be more OK is how your ex-husband managed to get an MCD submitted to court after a separation of 3 months, as per your initial post. Let us all know how he managed to do that, even when you're yet to appoint a lawyer.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register