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kulD (xyz)     17 April 2013

Filing cases after first motion of mcd

Hi All,

I have a query. Is it possible to file cases on the other spouse after first motion of mutual consent divorce is done? Please note second motion is still pending.

Actually the thing is it is highly possible that the other spouse wouldnt appear at the second motion and would most likely wait till 18 months period so as to  make this MCD dismissed by the judge in the court.

Thanks.

 



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 8 Replies

Manish Udar (www.Mehnat.IN)     17 April 2013

so you want it to be dismissed now?

Tajobsindia (Senior Partner )     17 April 2013

Observation:-
Seems to us ‘without meeting for enough time your metro wife in Court’ you have jumped to MCD that is why this question before us.

However either / both spouse is at liberty to withdraw Consent and press for re-opening of old case(s). In order to avoid having such bad dreams (oops thoughts) it is pertinent that both spouses meet for enough time each other at various Court(s) and then when such meetings each other face –to- face becomes repulsive enough it is only then advised to enter into some sort of MCD and not before that.

Remedy in reference to context:-
Meet her on -n-off outside Court to feel up a metro woman’s mind afterall she will be still called your wife till 18 months!

Gaurav (consultant)     17 April 2013

It is a very common fear.

Will her cases stand in the eye of law when she herself has agreed in first motion that MCD is being filed due to mental mismatch and no cases will be filed in future?

kulD (xyz)     18 April 2013

Thanking you all for the replies.

Perhaps I was not very clear in my question. So here is the thing. My wife and her lawyer approached me for signing MCD when 1 yr of separation was not complete. I consulted my lawyer and he assured me he would take the date falling after 1 yr of separation from the judge. But my lawyer joined hands with my wife's side and he wihtdrew the petition immediately after filing it. Upon enquiring, my lawyer said judge pressurised him to withdraw the petition as it was premature due to incompletion of 1 yr of separation. But the word "premature" was not mentioned even once in the order passed by the judge on this petition. There are a lot of other events building upto these which makes me believe my wife doesnt want divorce and just wants to harass me.

I filed application in the court just 2 days before completion of 1 yr of separation stating I had no consent to withdraw the petition. The judge took the note and called the both parties for signing MCD one week later.  Now first motion is completed.

Now there are two things. Either my wife would come after six months to sign the second motion which is very unlikely. Or my wife refuses to give divorce now. So my question is it technically correct to file cases on my wife after this first motion and withdraw them before the second motion if my wife agrees to give me the divorce.

Actually my wife has an ego of the size of the mountain and she just wants us to suffer more and more. I will share the complete story someday.

Thanks.


kulD (xyz)     18 April 2013

Thanking you all for the replies.

Perhaps I was not very clear in my question. So here is the thing. My wife and her lawyer approached me for signing MCD when 1 yr of separation was not complete. I consulted my lawyer and he assured me he would take the date falling after 1 yr of separation from the judge. But my lawyer joined hands with my wife's side and he wihtdrew the petition immediately after filing it. Upon enquiring, my lawyer said judge pressurised him to withdraw the petition as it was premature due to incompletion of 1 yr of separation. But the word "premature" was not mentioned even once in the order passed by the judge on this petition. There are a lot of other events building upto these which makes me believe my wife doesnt want divorce and just wants to harass me.

I filed application in the court just 2 days before completion of 1 yr of separation stating I had no consent to withdraw the petition. The judge took the note and called the both parties for signing MCD one week later.  Now first motion is completed.

Now there are two things. Either my wife would come after six months to sign the second motion which is very unlikely. Or my wife refuses to give divorce now. So my question is it technically correct to file cases on my wife after this first motion and withdraw them before the second motion if my wife agrees to give me the divorce.

Actually my wife has an ego of the size of the mountain and she just wants us to suffer more and more. I will share the complete story someday.

Thanks.


Rahul Kapoor (Legal Enthusiast)     18 April 2013

hello,

draft your MoU well.

include such points in the MoU to which both parties are ready to agree.

 

regards-

rahul.gogreen@gmail.com

Manish Udar (www.Mehnat.IN)     18 April 2013

you wait till expiry of six months

kulD (xyz)     18 April 2013

Manish sir, actually yes, there is clause in MoU that if my wife doesnt come on second motion, I can file cases against her and her family. But the thing is I want the issues on the record also. She filed false complaints in caw cell to which we gave our statements as asked by IO. She also filed false DV few months later. But we were never served notice for that and it is now 10 months since she filed the case.

I have valid issues against her but I waited all this long so that she would understand someday. But now she has signed first motion and I dont know the outcome of this MCD. SO i just want to know if does anything stop me from filing cases agianst my wife after first motion. I think this should be valid as divorce is still under process and NOT done yet.


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