Dealing with mcd separation period clause?

If she is saying that she is ready to give MCD then do not doubt her and cooperate with her. Women do not need to play legal games to prolong your agony. They have many privileges in Indian law. Seek psychiatric help if you frequently have trouble in trusting people.

www.mehnat.in

Just Chill follow the advice of Manish Ji.

Manish,

You did not get my question I think.

Marriage is one year old now but separation is just 7 months old.

Problem here is to wait for 5 more months or make other party to file divorce now by mentioning wrong separation date?

Many people mention a false separation date in their MCD petitions to save time, even though this is illegal. A woman who will not take back her consent in the six month waiting period after a truthful first motion, witll not take back her consent after an untruthful first motion. No person who is party to an MCD petition is required to provide any reason for withdrawal of consent.

www.mehnat.in

1. There are several HC Judgments where HC intervened and helped such couples. Provided both were in sync.

2. Your brief conveys lack of self confidence of both parties whihc is natural due to extended seperation phase they are in further having non-communication relationship of parties wherein one party comes here and expresses how he sees his marriage ending and other party thought lines are discussed in vacuum for the same para 1 is the only hint I can come up with, only if she is in synch with you and to find that out you need to openly talk to her / her side one more time on filing now MCD and take help of referenced HC judgments for persuasive pleadings by a common advocate of parties and sail through.

3. Now I am not sure if you have the capacity to influence her or not as she is your wife all that I can guide you here is that your brief is doable one.  

I don’t subscribe to visiting psychiatrist. When relationship becomes ir-reparable as in your brief and MCD is in air visit to psychiatrist is waste of resources. Same could be utilized in persuading her to join you in last mile journey leading to MCD one last time, hence, I am with you for your para 2 question.

Thanks Tajobs,

I was waiting for your reply only.

My wife got caught in adultry and is a kind of hiding from reality. She is having live-in with her boyfriend and I also have weak proofs and thus they have not yet filed any false case. I also want MCD only as such cases take years in court to get resolved so I have decided to go for MCD way. She is not in control of her parents at all.

Problem is, my in laws are strictly not allowing my wife to meet me despite my several requests and I do not want to provoke them unnecerily. I do not trust my in laws as they, even after knowing the truth, has supported her.

Surprisingly, one sunny day,  they agreed for MCD and asked me to return streedhan in first motion.

I insisted  to return in second motion but they  strictly refused. They donot have any proof (VAT bills/entrustement) of streedhan lying with me but I want to return it.

There is no mediator between families and they dont seem to be looking for divorce  (although agreed on the condition of all streedhan exchange in first motion when I insisted ) as I can sense from their talks.

Cannot I prepare an  MCD draft mentioning that I will return half jewellery in first motion and another half in second motion? If we appear for first motion with such a draft (with myself agreed that I have streedhan) then I am worried that they can claim streedhan at that time and walk away with not attending first motion even.

Moreover, I am worried that if I return everything in first motion then they can refuse cooperating in second motion or can cry in court that I forced them to file false separation date. What can be the cnosequences of that?

1. You are caught in two mind games.
2. You still need a seasoned mediator or better a seasoned advocate whose neutral views or his influences neither In Laws nor alleged to be adulterous wife can refuse not to pay attention to for a rosy future especially to her with her alleged to be live-in partner.
Herein my opinion is to start and finish the opportunity before she or live-in partner love in the air doses off (means they walk away from it) and if so then you will be struck for a very long time to come as then to showcause to society of her separation her pati pavitra circle of advisors will force her to file may be istridhan return along with related adversial family law cases on you, which I as well as you are guessing probably rightly at this moment, thus you are here.
3. Whether she comes on ‘ either or both motions’ or not still in good condition all her istridhan has to be retuned and here you are just its custodial and without even asking the day she left your door you were supposed to have returned them making a list of return in good condition along with witness signature of handing over. Now how to return is not that difficult a leap you are required to procrastinate for ages or with a condition that come on second motion I will return them - first of they are not yours to keep etc..
4. I am not encouraging you to file petition with some factious date of separation. Court does an enquiry on its own for allowing MCD thus it is futile to even think in that unclean direction. All I hinted was to get hold of similar decided cases from your State’s HC or other HC’s as there are no. of them, then read them down and see how squarely wording fit in your situation which can be drafted by seasoned advocate, thus it is doable provided you have blessings of a seasoned pleader backing you with knowledge of such decided cases from your State’s HC and is sympathetic to cause of action of the couple where they did not spend enough time together in their young marriage nor consummated the same and yet separated immediately etc. etc. are flavors for pleading paras for MCD……………..

Finally even if you return before or on first motion her istridhan and she does not come for second motion then atleast for future one case is less on your head as once istridhan with a list affixed by witness or on court record there then she cannot claim the same in similar brief and then she will have to cook up some other storyline if and if she wants to do sightseeing of Courts and regarding your situation then will not be that bad as it is now. So why you are thinking of putting a condition where you have to see that she is already hooked up and wants freedom so give her that freedom reading the replies attentively in assistance of a seasoned pleader that is all you may be doing is my opinion.  

OR return her istridhan now and wait for 1 year to finish praying she still enjoys her  live-in and then approach her / her side.