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SinghSohal (Later)     08 September 2014

Mcd - second petition - delay

Respected All,

Greetings,

I humbly request you all to please take some time and answer my query.

I am going through a MCD, I opted MCD as it is the easiest and quickest way out of a foul marriage, My marriage was a fraudulent marriage, few grave medical facts were concealed by my wife and her in laws before hand.

My first petition was passed on 25/02/14 in Patiala House Courts, In Petition 13B(1), MoU and Affidavits attached in petition it was wilfully and mutually agreed by both of us to file second petition under Sec. 13B(2) within a week after completion of mandatory time period of six months.

Now, Its been more than a week and I have heard nothing from the other party, My Ld counsel has now prepared an application/notice which will be sent to her just as a reminder of agreed terms.

Query : 

1 >. What if she does not reply back what next steps I can take. (Few things are suggesting the same.), Can I file a contempt of court in the High court and on what basis. Please guide me with your expertise.

2>. I have already given 'X' amount and some of it is still left which is promised to be paid at the time of recording of statements during second hearing, which I have no issues to pay as it is agreed already.  Now If she does not complete the process and does not appear for second petition what happens to 'X' amount and how can I get it back. I am paying the amount just to save me and my parents from the draconian law.

Request you again to please help with your vast experience and suggest how can I get out of this marriage without further hassle and if required what all steps I shall take so that the other party remains with no choice but to appear in front of court.

Regards,

Singh



Learning

 3 Replies

SinghSohal (Later)     08 September 2014

Please can someone reply on the above query.

An early reply will be appreciated.

Regards

Singh

Tajobsindia (Senior Partner )     09 September 2014

Originally posted by : Later
  XXXX

My first petition was passed on 25/02/14 in Patiala House Courts, In Petition 13B(1), MoU and Affidavits attached in petition it was wilfully and mutually agreed by both of us to file second petition under Sec. 13B(2) within a week after completion of mandatory time period of six months.

Now, Its been more than a week and I have heard nothing from the other party, My Ld counsel has now prepared an application/notice which will be sent to her just as a reminder of agreed terms.

Query : 

1. What if she does not reply back what next steps I can take. (Few things are suggesting the same.), Can I file a contempt of court in the High court and on what basis. Please guide me with your expertise.
Take: Send Notice to her and wait for a week then proceed to D HC under Contempt (civil)  proceedings. 

2. I have already given 'X' amount and some of it is still left which is promised to be paid at the time of recording of statements during second hearing, which I have no issues to pay as it is agreed already.  Now If she does not complete the process and does not appear for second petition what happens to 'X' amount and how can I get it back. I am paying the amount just to save me and my parents from the draconian law.
Take: Once you file Contempt (civil) suit against her she will be bound by D HC to fulfill her part of terms, donot worry, there are number of similar instances where D HC bound wife to fulfill her part of mutually agreed terms. 

Request you again to please help with your vast experience and suggest how can I get out of this marriage without further hassle and if required what all steps I shall take so that the other party remains with no choice but to appear in front of court.
Take: Have patience. 
 

SinghSohal (Later)     11 September 2014

Thank you very much for your kind advise 

Regards

Singh


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