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It is a wastage of Judicial resources as well as parties time when a simple matter is twisted un-necessarily by one party. It is stupid way to plead that earlier + period and further 18 months invested in MCD proceedings are desertion r/w parties earlier commitment and acceptance of 5 L that also in a MCD proceedings is mental cruelty now!

1. Upon enquiry on date fixed for second motion if one party does not clarify his stands the MCD is dismissed.

2. His subsequent petition is not based on correct cause of action and is basically un-clean approach and a smart advocate (your side's if any) can easily get it dismissed.  

3. Now request Court to send parties for mediation and there place chronological facts and admit taking 5 L and mention earlier commitments of his and also state I am not interested in any more amount other than what he earlier agreed i..e 20 L and the present case may be treated as compromised and compromise decree may be prepared accordingly if he pays me balance 20 L. Further state boldly there that raking cause of action based on it is not appreciated as I am not denying accepting 5 L and all he could have done was to have prayed for more time for second motion or again discussed with me for filing jointly MCD for which I would not have said NO nor I would have asked him to pay more than 20 L and now what he is doing is hiding his non appearance during second motion and converting his lapse (wrongs) into rights to reasons best known to him! 

4. Your Advocate is right in advising that you are still his legal wedded wife. Even if he gives evidence of 5 L donot deny it but state clear facts that it was based on earlier agreement where we agreed that by first motion he will pay me 5 L which he did and does judiciary expect me not to accept that 5 L ! And since he did not join me during second motion the earlier case was dismissed and continuing cause of action does not stand a chance at all!.

5. Withdrawal of one party from Motion or absence of one party during motion is sufficient cause to dismiss MCD.

6. Suggest your husband to appoint Advocate on PoA and get para 3 done with or see if video conferencing facility there in FC / Court complex and get that allowed so that he even need not have to come physically to depose.

7. S. 23 A HMA is a relief which you are eligible for in fact of the matter and is not late to file but try above para 3 first even if his matter is at evidence stage who knows matter can still be amicably resolved instead of one party crookedly lingering soft matter into twisted matter?

8. Your subsequent brief is all about clear pleadings and a smart advocate should not have got to evidence stage as all previous conduct are material records of the Court whose certified copies would have been placed as your written statement and based on which summary dismissal of his second cause of action a action suit would have been prayed or as alternate prayer send parties to mediation would have been prayed as basically you want divorce and admitting taking 5 L so what else is now left ?

Dear Madam,

We would be able to assist you through, for any futher queries please visit www.indialawhelp.com

We have offices in New Delhi, Noida, Mumbai, Pune, Goa, Allahabad, Bangalore, Dhanbad, Hyderabad, Baroda, Ahmedabad.

Regards

Akshay Sahni

Advocate

09891982832 / 09910554744

www.indialawhelp.com

Originally posted by : Garima
	Hello, I got married in 2006 and my husband went to US within 2 weeks of marriage promising to take me along with him. For one whole year he did not process visa. In 2007 he filed for divorce on the basis of Desertion and mental cruelty . My lawyer adviced me not to file any domestic voilence case or 498A as I had been with my parents from the third week of marriage and there was no physicalcruelty commited by him and all his mail conversation was also diplomatic. He did not turn up for the case and the case was getting dragged un-necessarily. In November 2009 we agreed mutually to settle the matter and he would pay me 20 Laks as alimony out of which 5 lakh would be paid on first motion and rest amount at the time of second motion. The mutual consent was filed on 3rd January 2010, on 4th January 2010 he paid me 5 Lakh, but he came for first motion only on 20th May 2010. He did not turn up for second motion, I kept on asking his lawyer by when he would be coming to India to file second motion for which I did not get any reply. In 5th June 2011 he filed a new case against me stating that the 18 months period is over and that I have duped him of 5 lakh. A divorce be granted to him on the basis of desertion and cruelty as stated in his earlier case. The case is as of date pending for his evidence. At this stage I would like to know the date from which the 18 months start? Is it from the date of filing or from date of first motion? My lawyer says that by this case even if I prove that I have not commited any cruelty or desertion I would still be married to him. How can I get a divorce from him as: 1. I did not withdraw my consent 2. I came to know about relief u/s 23A. can I claim it. if so then how to do it or is it too late for the same as the case is pending for his evidence. Any immediate help & suggestion would be highly regarded Thank You Garima

2006 to 2013....7 years !

It has been such a waste or precious time!

What best can be done is.

Mediation via lawyer.

1. To withdraw the case of fraud against you.

2., To inform him via lawyer that you are ready for MCD, and this time no fooling around should be underlined!

3.  To pay one time settlement and part ways.

Otherwise, these things if not done as I have said, will run for years, you cannot put 498a or DV also, would have to run behing court to claim maintenance [TO BE READ AS SOME MORE WASTE OF TIME].