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Rajaramana RV (Employee)     20 February 2015

Mcd finalization

Dear Experts,

My cousin has finalised his MCD documents and got it signed from the wife.

There is a date next week in which they are supposed to go and sign in front of the judge.

Their lawyer is saying you will get MCD awarded same day.

What we want to know if MCD is given same day after meeting judge or judge gives one more date?

 

 

 



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 4 Replies

Rajaramana RV (Employee)     20 February 2015

Cousin has been living seperate for 2 years and his wife filed divorce 2 years ago.

So waiting period of 1 year and 6 months both are over.

So will MCD be awarded same day by Judge or one more date will be given.

saravanan s (legal advisor)     20 February 2015

depends upon the discretion of the judge

sandykrish (Interested in Family LAW)     21 February 2015

Mr. saravanan please don't misguide people if you are not aware of the legal procedures. @author I assume that you're filing the 13b HMA if yes then the process will begin with first motion where both the parties appear in person and file the joint petition, then the court will accept and give you a date after 6 months. This 6 months is called as cooling off period, post this you guys have to appear for the second motion and then you will appear for mediation, if the circumstances haven't changed then the LD mediator would give report to the respective judge and in front of judge the evidences will be recorded and judge in the open court or off court passes the order. If some advocates are misleading don't take their words as per supreme court directions no courts have right to waive off the cooling off period.

sandykrish (Interested in Family LAW)     21 February 2015

In case if your divorce settled in mediation or look adalath of the current 13 1 HMA, yes the judge has the right to pass the orders on the same day. In this case you are using the wrong terminology. This is still considered as the contested case disposed per mutual settlement. Hope this clears your doubt's.

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