Shankaranarayanan (BDM) 24 October 2010

Is contesting possible when mutual concent is in progress

I wish to know if contesting is possible when mutual consent is in progress; my wife firstly agreed for one time settlement and during the last week hearing she denied and demanded staying with me. It’s been two and half years we are separate. It’s very clear she plans for more money for her recent loan settlement, but she is not accepting the fact. Can I file a case and contest? The actual difference between us is; letter evidence on her immorality.

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6 Replies

Adv Archana Deshmukh (Practicing Advocate) 24 October 2010

Not possible when MCD is in progress. If the MCD is withdrawn or dismissed then, you can file for divorce unilaterally on the grounds available to you.

adv. rajeev ( rajoo ) (practicing advocate) 24 October 2010

Not now. Mutual consent divorce is pending. I do agree with Archana

(Guest)

Yes,you can file for divorce as you said that It’s been two and half years we are separate.

Shankaranarayanan (BDM) 24 October 2010

Thanks!

Adding to the compensation my wife is demanding a signed document from me stating that I won't claim custody of my daughter for life. Is that possible to get the girl of 3years permanently estranged from me? My wife fears that the property in my her name might come to the daughter and later inherited by me. Will this be possible?

Shankaranarayanan (BDM) 24 October 2010

I am not sound financially. I want to contest this case. If the compensation is for the daughter; can I bring her up?

1. My wife has applied for re-marriage.

2. She is earning twice my salary.

I want to know what would be a lawyer’s charge either to mediate for MCD or to contest this case. My wife is very powerful financially and politically so she has appointed a powerful lawyer who is pulling me from pillar to post. Can you recommend a senior lawyer in Chennai specialized in family issues who can handle my case without exploitation?