Mutual consent divorce

YES

Mutual divorce petition can be dropped.

Mr. Batra,

You do three things:

[1] Refuse to have custody of child  & hand over to her

[2] In second Sessions in April 2013, you remain ABSENT in Court, Do not file any Affidavit for MCD, and after 18 months, the MCD  petition will automatically rejected.

[3] Honestly Try Investigating, why she dislike you and your child?? Take help oif your elderly family members & froends.

Court cannot pass order to restore the family.

You need to file RCR petition for that.

You will get her back, the moment you find out reasons, and start removing the cause of her displeasure.

BEST OF LUCK. 

Disloding MCD process is nt difficult at all by either party. So relax if u want 2 do so

Mutual petition can be droppd at ny time please take proper steps and proceed

I know of one case in which the Hon Supreme court did not allow to drop MCD on the insistance of the husband for continuing the MCD The girl was told that u cannot withdraw yr affidavit filed in the family court and divorce took place after the case was remanded to family court again The judgement was not reported 

Much depends on MOU also, some drafts are so leak-proof thatt parties cant go back that easily.

Thanx for the advice..

I am still confused. I am reiterating that:

1. MCD has been filed on 29th Oct 12 and court has given us the date after six month e.g. 29th April 2013.

2. We both are not in touch after 29th Oct 12.

3. Actually, the case initiated by her in June 12 in domestic violence section and upon receiving notice, I appeared in the court in Jul 12, Sep 12 and Oct 12..Once the court counsellor confirmed that compromise is not possible, court asked me either file the answer/reply to the original notice sent in Jun 12 or to negotiate with my wife to get the petition converted into MCD.

4. As per court directives, I negotiated with wife and finally on the same day e.g. 29th Oct 12, initial petition dropped and MCD filed in the same court.

5. As per MCD wherein two major points (custody of child with me with two times visitation right to mother) and one time alimony of Rs. 5 lacs in five equal installment.

6. Accordingly, Rs. 25000 paid at the time of MCD filing and rest 75000 on 30th Apr 13 and balance in four installement from Apr 14 till Apr 17.

We both are not in touch after than.

I just want to know just in case:

1. If I want to drop MCD, how can I do that

2. If I dont appear on 30th Apr 13, whether court can grant the decree even if one party not appeared.

3. If I appear on 30th Apr 13 and request court to drop the MCD.

4. Can court return the MCD if one party requests?

5. If so, whether second party can re-open the initial petition filed n subsequently dropped for getting the MCD on board.

Please help me. I want my family to be saved seriously as I dont want my son's future to be spoiled off.

Regards

If u dont appear in next date, MCD wont be granted. 2nd motion may be filed within 6 to 18 months of the date of 1st motion. U have right to withdraw from MCD process, BUT WHAT IS THE CAUSE OF SUCH U-TURN.

Spoiling child's future by this way does not appeal to be reason unless couple decides to bury hatchet & plan to cohabit?

well...it is just extending some time and nothing...i always wanted to save the marriage and infact at one point, decided to go for fight the case in court but court advised me that it may take 6-7 years. The main reasons for MCD was:

1. I am staying in Pune with my child and case was filed in Bhilai

2. cudnt afford to go bhilai on dates.

3. cudnt afford to have a lawyer to fight for me when when court cant force her to go back

4. cudnt  afford to give monthly maintenance or even intermittent maintance during the case hearing

regards