LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Nonu Singh (Engineer)     18 August 2014

Mcd -- pdc issued

Hello Experts Reposting my questions with more details !!! We filed for mutual consent for divorce and executed first motion !! During first motion I have deposited post dated cheque mentioning that if I don’t turn up within 15 days of completion of 6 months of first motion for execution on second motion cheque should be released to my wife . There is nothing more in the MOU , there was no case (no dowry, no Domestic violence ) , nothing which is to be quashed ..its a very simple Mutual Divorce consent which we have filed . Now I feel that I have been cheated and I don’t want to pay her and more over I lack in funds !! Now I have got notice from court to appear regarding releasing of the cheque , what are my options ? My questions 1) Can judge release my PDC to wife ? 2) Since I don't have money in my account cheque is suppose to bounce , can this be filed under 138 ?(though this is not debt or any liability ) ? 3) Can I renegotiate or I'm planning go for a contested divorce -- can this happen at this stage of after filling first motion ? 4) Can contempt be filed in this case , its simple case where I'm paying in return of just divorce (since I never did anything wrong to her and its her decision to walk out a relationship and I agreed to payment just because I wanted to settle in life but now things have changed) Regards NS


Learning

 2 Replies

Tajobsindia (Senior Partner )     18 August 2014

1. Define 'cheating' vis-à-vis facts for my benefit as it is a very narrow question of Law. 
2. If now you say you lack funds then one can always admit the same and humbly pray for giving time which is normally allowed as cooling period in MCD is 6 - 18 months.
3. Your option is para 2.
4. If you donot humbly pray and seek option as stated in para 2 then Court may dismiss the MCD of parties.
5. S. 138 NIA case cometh into picture if you donot pray as mentioned under para 2 and Court releases PDC to wife and moves on to Second Motion in a MCD proceeding. It is referred to as pledging marriage collaterals and the husband who does so is supposed to fulfill the same which is social Laws in motion akin to Newton's third law of motion in usage for familial persons. 
6. Pray to Lord Hanuman, use good contacts of friends, relatives and family to cough up enough funds in Bank before Next Date of Hearing (NDOH) to honor PDC amount(s) and done with MCD as once you slip up the golden opportunity of Divorce cometh your way via Mutual Consent route when she is cold and not has filed other family law cases then you cannot have same opportunity under contested divorce and then do pay attention to lost youth read with who knows she may act smart and pile upon you Criminal / Civil Family Law cases just to stir and shake you up. 
7. By saying to me you were the only saint in this marriage does not evoke enough sentiments - emotions as it was after all your marriage and husband's donot pay PDC just like that to get divorce is also some say is devil's view.


[However I am still interested to read your definition of 'cheating' vis-à-vis facts mentioned here as your brief.]    

Nonu Singh (Engineer)     18 August 2014

Thanks for replying !! In case if court dismiss MCD , can PDC still be handed over to other party , if yes in that case will 138 holds good ? Other important point which I want to bring here My Wife cheated me by way of adultery for which I have whatsapp/email proofs but she was so smart that she created certain conditions by which I was compelled to execute mutual divorce to avoid unwanted harassment to my family elders . Now knowing this can I present these proofs in court during my discussion of releasing PDC ? Regards NS

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading