HarassedHusband (SSE) 10 May 2016

Mutual consent divorce

Dear Experts,

Need your help in my case

History:

Marriage Date: May-2012

Separated date: Sep-2012

Husband Applied for divorce : Jun-2013

Wife Applied for RCR: Feb-2014

Judgement Date: Apr-2015

Judgement was Divorce not granted and RCR allowed, advised wife to join husband.

Wife sent a letter to Husband wishing to join back after a month of judgement

Husband called her to discuss more to take the things forward, husband also tried to resume marital life. Things didn’t work out (not even stayed for a day under one roof)

After discussion both agreed for mutual consent divorce,

First appearance on MCD was on Oct 2015

Mediation on MCD was on Mar-2016

Second Appearance on MCD was on Mar-2016

Judgement happened on MCD on Apr-2016, Divorce Decree allowed and mentioned both the parties are no more husband and wife.

The husband didn’t gave any money to wife, wife demanded verbally after the judgement date asking for money.

Now the question are:

Can wife reopen the MCD?
Can wife mention 1 Year separation was not there, by giving a proof of the letter conversation between both, will it be a valid proof?
What are the chances to demand money from husband?
What are all the possible way to reopen or take a stay order from wife on MCD Decree (Judgement)
If wife tries to reopen the case, what are all the counter cases a husband file?

Note: Wife is also working, both the parties are not residing in same city.

Please give your valuable advices.

Thanks in advance.

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6 Replies

saravanan s (legal advisor) 10 May 2016

Once MCD is granted nothing can be done about it.as far as the maintenance, etc etc is concerned everything needs to be done according to the mou agreed between you both

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Vijay Raj Mahajan (Advocate) 10 May 2016

Only thing the the ex-wife can seek is maintenance from ex-husband even after finalisation of divorce. Financial status of both for deciding the issue of maintenance for divorced wife will be taken in consideration that will include present as well past income of both, ability to work of both, properties of both from which income can be generated etc. The divorce otherwise is valid and no chance of being set aside in appeal if made by wife.

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(Guest)

rightly guided by experts

HarassedHusband (SSE) 11 May 2016

Dear Experts,

Thanks for your valuable feedback.

In this case there was not MOU made, and it’s mentioned in the judgement paper

“Both petitioners have submitted that, they will not claim any maintenance against each other and they will not claim any right over the properties of each other”

So as per above statement on judgement,

1. If any of the petitioners claim maintenance then will it be entertained?

2. Can other party go for perjury, in case if case of maintenance is filed?

(Asking these questions as the opposite party is threatning on the above mentioned things)

Please put some light on the above.

SAINATH DEVALLA (LEGAL CONSULTANT) 22 May 2016

"In this case there was not MOU made, and it’s mentioned in the judgement paper"

“Both petitioners have submitted that, they will not claim any maintenance against each other and they will not claim any right over the properties of each other”

Both the parties have to adhere to the contents of the judgement order and nothing afresh can be claimed or altered by either party.

A walk alone (-) 22 May 2016

If there is no MOU in MCD terms and conditions related to alimony or maintenance she can appeal for maintenance. If she is not earning good she can get maintenance till her second marriage.if you prove her good job she may not entitled to maintenance.

Mutual consent divorce

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