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kutty   26 April 2015

Divorce petition filed under mental cruelty

Hi,


My husband has filed a divorce petition against me stating mental cruelty. We are separated for around 5 months now due to misunderstanding and fights. during that period he has sent me a draft petition for MCD which i denied stating that we are not separated for an year. My questions are as below.

1)The petition was submitted by my FIL as my husband is abroad (Can he submit if has power of attorney)

 

2) The petition I received doesn’t have the date and signature of the petitioner (is this a valid petition?)

3)I am asked to appear to the court next month, should my husband be present for the hearing or it is not required since the power of attorney is with his father?

 

4) I am ready for mutual consent , his lawyer mentioned that the case would be referred to mediation and we can close the case amicably by withdrawing the charges against me ?This whole process with be 10 days ? after mediation within 10 days will divorce be granted?

 

Thanks,




Learning

 4 Replies

saravanan s (legal advisor)     26 April 2015

in mcd both husband and wife must jointly file the petition.so there is no way that your fil can act as poa.there will be a six months  cooling of period.then there will be the first motion of mcd where both must appear before the court and must give their statements which wiil be recorded and there will be a second motion after six months.that time again you both must appear and if you still insist on getting divorce the court will grant it.before that you both must draft an mou and it must be submitted along with the petition for mcd

kutty   26 April 2015

Thank you sir for your reply.

The problem is my husband is not willing for MCD and has filed a divorce petition on grounds of cruelty.

His lawyer suggested me to either close the case by signing the petition or do  a contest.

i am not willing to accept the charges are they are not true and neither want to contest as i am not financially well of. so i suggested my husand for MCD and requested him to withdraw the charges.. which he is not agreeing.

 

Srinivasan (IT)     26 April 2015

Do one thing as you and your husband wants divorce and not willing for MCD in this situvation you submit a petetion in your husbands divorce case that you are ready for divorce but denying all the cruelty charges which is written in the petetion. 

Then court will give you divorce without any alligations mentioned in your husbands case

saravanan s (legal advisor)     26 April 2015

in contested divorce if the spouse before filing a written statement against the allegations you have posed against her shows her willingness for mediation so as to solve the issues amicably then you can go for a amicable divorce


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