Unbelivable!both want divorce,yet wife not converting to mcd

what is mcd?

1. If she doesn't sign the joint petition what will happen on the 2nd hearing ?

the divorce petition already filed by her will continue.

1. I have no objection for divorce, even in that situation will the lengthy court proceeding for proving the grounds(which are false) and cross-checking happen?

Yes.

1. How long it may take to get divorce?Both of us are young.

there is no fix time frame.

Thanks Amit for your reply.I have a few more queries.

1. Is there any chance that on the 2nd hearing her lawyer state that since I have no objection to divorce they don't want to go on with proving the ground ?Thus ensuring the speedy process. OR
2. Will the judge dismiss the case saying that the case was filed in 'collusion with the respondent'?(Forgive me if my legal term is not correct,I read about this in this forum)

My lawyer told me no.1 may happen but I am afraid the no.2 will happen.Please correct me.

            It would have been easier if the court after knowing that both the parties want divorce, grants divorce,even in a contested divorce. 

            Forgive me saying this but my wife if really wants divorce its foolish on her part of not signing the MCD.I know for sure they are already looking for a boy for her!!!

            Don't know what life has in store for me.

Regards,

Heartbroken

I am not surpised. It happens all the time.

both parties want the decision to be in their favor.

Thanks Shonee Kapoor for your reply.

both parties want the decision to be in their favor.

Here,both of us want divorce.It will be in the favour of both of us.

However,what is your opinion on the 5 questions I raised in this thread ?

Regards,

Heartborken

@ Author



My inputs to your brief believable brief starts after Shonee's crisp quote "both parties want the decision to be in their favor....





See everything is all right in your believable brief so far as “sentiments and emotions" of parties (read as to be YOUNG COUPLES drifting thoughts herein) are concerned BUT I repeat BUT irrespective if alleged charges (facts) are false and/or true, my only question is "have you both discussed on alimony and or per month maint. in lieu of alimony' to part amicably under MCD ????





BTW, MCD works so called in favor of husband in following conditions;



1.  If he has taken good class of his errant wife by perusing counter cases including TEP and or RTI and or pressed too the point choke-block litigation and made her come to table as per his conditions.

OR





2. If he has given incentive of one time and or per month alimony and or maint. to his errant wife to seek his freedom via MCD route.



and the bolt out of the blue variant as in 2012 Nano LX is





3. A Divine intervention wherein a young wife is in hurry to peruse her career (read as going overseas all of a sudden) and or has found her next prince and wants to get express riddance of YOU.





I have not come across during practice any other forth variant and if there is one then educate me too.





Now coming back to your meter gauge marriage track I see all and or either one variant missing so CCD gyan here is to work on fulfilling atleast one from above three variant and MCD is all yours for your so called sound peace meal and professional persons (either parties advocate on record) have not much of a say in between matters of two young couples other than passing hints on how to seek your freedom.

@ Tajobsindia,

Thank you very much for your detailed,analytical AND witty comments.

have you both discussed on alimony and or per month maint. in lieu of alimony' to part amicably under MCD ????

            Well you see every time she asked me for divorce she always told me she doesn't want anything,money that is.All her ornaments and you know the gifts both given by her parents as well as by my mother and me were already taken away.At present she working.When my in-laws called for MCD(Yes,they first wanted an MCD and then out of the blue filed this case),I asked straigtforwardly what their demands were.They told me they wanted nothing. 

              I am waiting for their reply on the 2nd hearing.Would you be kind enough to answer these questions:

1. Is there any chance that on the 2nd hearing her lawyer state that since I have no objection to divorce they don't want to go on with proving the ground ?Thus ensuring the speedy process. OR
2. Will the judge dismiss the case saying that the case was filed in 'collusion with the respondent'?(Forgive me if my legal term is not correct,I read about this in this forum)My lawyer told me no.1 may happen but I am afraid the no.2 will happen.Please correct me.

Regards,

Heartbroken

@ Author


The other day I was reading Matrimonial Adv. in HT, Delhi for my forced bhatijees and betiyas here in LCI and as usual some acts of Queens Hinglish caught my antenna – in majority of brides adv. obviously started with words and phrases "innocent divorcee"



After not able to find what does actually these two words and phrases actually mean in day-to-day metro life, I stick these two words and phrases to your query and found (I mean could not help not to say what I found before you) that your FIL is smart and so is your lady in life.
Reasoning: They found you want speedy divorce and they are aware after divorce it is not easy to find another suitable boy like instant Nescafe so they started the talk with you that they have “no demands during and post divorce” yet put in a rider stating divorce petition will be filed and usual stages the petition will pass through and there pops 'innocent divorcee by way of decree’ in divorce proceedings in favor of lady! Also if defendant husband once agrees to all ‘alleged grounds’ of divorce when filed by wife as petitioner then he is liable to pay alimony under S. 25 HMA as well as post divorce the lady can also seek ‘various reliefs’ under Bharat Ratna DV Act with rider of S. 125 CrPC for per month maint. and or one time alimony so what they have to loose!!

So that leaves me to wonder why few people here agree / surrender down in lure of 'fast divorce' as in my opinion there is nothing like fast divorce now-a-days. Well this was my final take on your 5 minus now left with 2 questions in hand before us.


Parting moment I donot intent to confuse you further as to what to do and/or what their side real intentions are as Shonee and concerned other readers have aptly guided you but part your interesting query with a new found family law gyan in case you didnot read down my profile J

“Essence of Family Law in India;

‘YOU  KNOW  YOUR  WIFE  WELL  ONLY  WHEN  YOU  MEET  HER  IN  COURT' By: A Men's Rights Activist 

Replace “well” from above gyan with “plans are” and see the magic this quote brings to prudent readers life and now act accordingly in Court lifetime J

@Tajobsindia,

              I could not help myself from replying after reading your answers and THANK YOU.

              Well, I can not agree more with you about your understanding and reasoning of the term 'innocent divorcee'.I in the heart of my heart knew this but felt embarrassed to accept publicly,as she still is my wife estranged or not.Possibly, you can understand it if you read my profile name.

              I did not buckle under pressure in the past and though fruastrated with my emotional life and living all alone in this house after my mother's sad demise a few days back,I am not willing to go under pressure.I am in no hurry to marry again if I am to marry again.

              I denied the false allegations in the petition on the 1st hearing and I am not going to agree the 'alleged grounds'.

              In this situation,if divorce is granted can she claim post divorce alimony?Such is the Indian Family Law?There is not a mention of alimony in her divorce petition.She got into her job only last September.

              You have been so kind to help me with your replies.Can I try my luck one more time?

Regards,

Heartbroken 

@ Author

Sorry to hear sad demise of your mother. May her soul rest in peace and give courage to you all in the family to bear this tragedy.

1. I have read your subsequent que. A divorce petition has no place for 'alimony' relief. It is made during and anytime after the 'decree in proceeding' by way of an separate Application. For law wordings as in text understanding read the S. 25 (1) HMA which is self explanatory and text is available at;

https://www.vakilno1.com/bareacts/hindumarriageact/s25.htm

It is obvious that in a w/s filed by defendant husband mostly all allegations are rebutted as wrong and denied possibly with his side of versions and so on so forth process flow of civil proceedings flows on………..hence I am not paying much attention to your small justification wordings as abovein which I understood without willowing smoke coming out of the chimney.  

2. 'Getting into Job most recently' means the Court will now balance the probability on ‘status of couple’ when and only if she files say S. 24 HMA Application which is for conceding to 'interim alimony' (relief is more or less granted during the divorce proceedings) read with 'litigation cost' and is filed as an separate Application before same Court to concede same (aka @ pin money to lady).

May I now suggest to come one-on-one as in PM mode with @ Shoonee and or me if you find us close to your query, as now cometh some minor distraction by few frivolous time pass female writers trying to hijack core issues for which you come before us and side by side giving a kick start to viral LCI new membership statistics by creating new member a/c intent for making a frustrated comment and then delete self a/c as in above illustration one can make out. I am used to it by now.

BTW, I per se found you quite balanced (wording wise) and intelligent (grasping replies wise) litigant husband out here inspite of an very recent obituary. 

@Tajobsindia,

Thanks a lot for your reply.

"A divorce petition has no place for alimony relief.It is made during and anytime after the"decree in proceeding"-It is adding to my woes.

'Getting into Job most recently' means the Court will now balance the probability on ‘status of couple’ when and only if she files say S. 24 HMA Application which is for conceding to 'interim alimony' (relief is more or less granted during the divorce proceedings) read with 'litigation cost' and is filed as an separate Application before same Court to concede same (aka @ pin money to lady).

Sorry, I forgot to mention she has already demanded 'litigation cost'.Does that mean she can charge any amount?And she can claim 'interim relief' anytime!That means I am sitting on a time bomb.It can blast anytime and the intensity and number of the bombs may change too.

Thank your for sympathizing with me for my mother's sad demise.You know the only person I could get consolation from was she.She was dragged into this litigation and now I can't prove it to you that she was dragged without any fault of her.She till her last days could not recover from that shock.Though I am living all alone now,I am not a less determined.

BTW don't pay much heed to the hijackers.I don't.

Regards,

Heartbroken

@Heartbroken!

As far as litigation expences are concerned, u counter her claim as "being female, she is entitled to free legal aid". It will ease ur burden!

deletion of "Faltu"comments of "Faltu" temporary a/c keep this thread legally informative. Mr.heartbroken it is better to PM tajobsir or shonee sir but write here too. 

any query replied by ld. tajobsir is worth of thousand gold coins.