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Ash (accounts)     07 June 2012

Mutual consent

Hell sir,

 

I'm resident of delhi, and my divorce petition is pending in tishazari court since last three years and we are staying separate since last four years, i've a daughter and currently she is with her mother, maintenance case is pending in same court.

Very recently we agreed for mutual consent and the petition has been filed and on the very next day thematter was fixed in the same court for first motion & recording of statement. but at that time she said in the court that she needs some more time to decide whether she need divorce or not. 

What can be my next course of action if she says she doesn't want to give divorce or she didn't turn up.

will i be benifited by above mentioned incident in my divorce petion (non mutual) pending in the court.

I'm confused, why she backed out on the statement day, why not a day earlier when petition was filed.

would be obliged, if anybody here can help.

 

Rgds

Ashmit 

 

 



Learning

 7 Replies

Ash (accounts)     07 June 2012

Thank you Ashish Ji,

I am not concerned about the divorce here, request you to please read my query carefully.

i would like to mention that contested divorce petition is pending since last three years in the court, My query is that, will i be benifitted in contested divorce, by the incident took place on the day of first motion of MCD.

and what could be the reason for backing out on the day of first motion, when she can back out at the time of filling of MCD which was a day earlier.

Rgds,

Anjuru Chandra Sekhar (Advocate )     07 June 2012

She may have got the GYAAN from some learned advocate that she is letting you go cheaply by accepting a MCD on the day your MCD was filed so the next day she backed out. :) Anyway was there any settlement amount agreed to be paid as part of MCD?

Ash (accounts)     07 June 2012

Yes the amount was mentioned in MCD, since last six months nagotiations were going on, finally we agreed on some amount.

Anjuru Chandra Sekhar (Advocate )     08 June 2012

It is her right to withdraw from MCD anytime before second motion.  YOu will not get any benefit from it, in your contested divorce petition.

Ash (accounts)     08 June 2012

Thank you sir for your quick reply.


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