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ganesh rao (x)     22 August 2016

Mcd and rcr

MCD PETITION was filed by the spouses; later one party files withdrawal from MCD and files RCR petition. In the RCR.it is stated by the petitioner that the party has withdrawn consent to the MCD petition. 

The MCD petition is still not closed by the court; the judge is dragging the case.  at time of taking of RCR, judge asked if any citations are available that permit RCR to be admitted while MCD petition is still pending.

when one party files withdrawal of consent in MCD, how long can the judge keep the MCD petition pending without closing it due to withdrawal of consent by one party? 

whether RCR cannot be filed while the MCD is kept pending without being disposed off by the judge?

 



Learning

 1 Replies

Agastya   23 August 2016

Some adviser on her side is probably giving bad advise to extract money from you. No MCD can't proceed without RCR decision. Do one thing. Don't contest RCR. Agree to restitution of conjugal rights. Simply don't cohabit for one year. She can't force you. After that file your divorce. They will be left with no choice. This is 100% money extraction practice. Ideally if you have some spare cash make an offering of one time settlement with proper legal papers. Then ask to withdraw RCR and file MCD.

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