I will explain the procedure laid down in Mutual Consent Divorce (MCD) Petitions and any deviation from this normal procedure raises the suspicion of fraud.
In MCD, both husband and wife file a joint petition before the competent court. In the joint petition neither does the husband put any allegation against the wife nor the wife does so. They simply say that due to tempermental differences, they came to a decision that they cannot be tied up in matrimonial relationship any further and pray the court for dissolving the marriage by issuing the decree of divorce. In this petition, they specifically aver that they have been living separately (separation has got different meanings, separation may also be under the same roof without discharging the marital obligations to each other) for the last one year from the date of filing of petition. She must ensure that she is not pregnant at the time of filing the petition. They also further assure the court that there is no collusion between the parties to file the petition. Now comes the important part of petition. If she has stri dhan lying in matrimonial home, she has to mention that in detailed manner and also put the procedure how it will be handed back to the wife. If dowry is given at the time of marriage, the procedure to take it back has to be clearly laid down (the word dowry is not mentioned as it is an offence to give or take dowry, but mentioned as marriage expenses and gifts worth this much of amount). If she is a working woman and her salary has been spent in matrimonial home and during that period out of that income either directly or indirectly the members of matrimonial home acquired any immovable properties or movable properties, she shall be compensated and that the procedure to receive compensation amount by her from husband also to be mentioned. Finally, in Indian society, the status of divorcee woman and man are not same and the former faces more disadvantages and for compensating them, she can seek comensation in terms of money as permanent alimony in lump sum. If children are there, their custodial rights / visitation rights and the issues related to their maintenanace shall be mentioned. All these factors get place in this petition. The method that how much amount has to be paid at the time of first motion and how much has to be paid at the time of second motion also will be put down in the petition.This petition is placed before the judge and judge separately takes the statements of both husband and wife and also take undertaking that the statements are made without force, fraud, threat and coercision. THIS IS CALLED FIRST MOTION.
After that, to fulfill the legal formalities, both husband and wife are sent for conciliation for one or two occasions and a long date more than six months will be given. After six months again both husband and wife will move the same petition and husband pays all the remaining amounts mentioned in the petition. The judge will again record their consent statement separately, just like in first motion. THIS IS CALLED SECOND MOTION. After that decree of divorce is granted.
Now, is there any need for me to comment whether any fraud was perpetrated against your friend or not?
