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Courtexperience   09 October 2016

divorce delayed due to prolonged MC hearing delay

I filed my divorce on August 2012 and filed mc on 08 January 2013. MC was ordered on 13 June 2013. Till one year he never paid any money. So filed execution petition. When judge insisted before NBW was issued he paid 10,000 and escaped from NBW. he filed condone delay and set aside petition in the same family court on 22 Jan 2014. I filed my counter in condone delay for MC. Now his condone delay and set side petition is being heard for the past two years and no remedy yet. The court says they will take up my divorce which is main op only after MC is ordered.He has says he filed one more set aside in mc in last hearing which the court again accepted and adjourned awaiting the petition from the section. I feel the court accepts what ever he filed and says and this drags my crossing in divorce which is pending for three years now. I request your advice on 1. if I can withdraw my mc petition now so he can't keep filing set aside again. 2. Will withdrawal of mc affect the out come of my divorce case.. Please give me your valuable advices on the above two quireies.


 3 Replies

adv.bharat @ PUNE (Lawyer)     09 October 2016

1) No u should not withdraw.

2) No it can affect your out come of MC.

If u appreciate this answer then will u give THANK on my profile.

A walk alone (-)     09 October 2016

Please give thanks to adv.bharat @ pune on his profile

sai narayana   09 October 2016

I think what happened in your case is that the family court consolidated your both petitions. And also the maintenance granted is Interim and not final. As long as the battle continue on I.A. (Interim Maintenance) the main MC petition will be put in abeyance. Since the divorce is consolidated with MC, it will also be kept in pending. Keep concentrate on MC if you are really depending on it for your survival else stress on divorce case or even smooth option opt for MCD (mutual consent divorce). The withdrawal of MC will not affect your divorce and also tell the judge the reason for the same in open court.

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