Cheated by common lawyer in mcd

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?

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.

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.

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

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. 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. 

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.

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.

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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.

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.

 

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.

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.

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?

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?

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.