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sandykrish (Interested in Family LAW)     13 January 2014

Mutual consent divorce

Hi Ld Members,

 

I had applied for HMA 9 in July 2013, while during the mediation we arrived for MCD. Mediator noted the file on 04-Dec-2013 as mediation not settled and in the last paragraph she mentioned that both are willing for MCD 13 B of Hindu Marriage Act.

On the same day we both along with the lawyers applied for  MCD with joint petition with all the terms and conditions and financial settlement will only happen post the second motion.

However, for the RCR case the Wife is supposed to file objections and since we have already applied for MCD first motion what pre cautions should I have to take to withdraw this case ( Considering my wife's erratic behaviour she may not come and complete the second motion) what my lawyer is suggesting is to file a memo stating to withdraw since both have applied for MCD and give the withdrawal letter to the opposite lawyers is this a right strategy?

Secondly, I went to the court to see the status of the MCD case it is reflecting as next hearing day is 06-June-2014 as the reconcilliation/mediation statge date, what happens here from now will the second motion happens on the same date or on the next date, please throw some lights on the processes?



Learning

 4 Replies

sandykrish (Interested in Family LAW)     13 January 2014

Hello Ld Members!

 

Looking forward for your insightful thoughts!

 

Regards,

aap (manager)     13 January 2014

Dear could u please tell when did u apply for first motion and when is ur second motion date due, and what did the judge ask in first motion as I have to apply mcd in next month plz help me thanks

sandykrish (Interested in Family LAW)     13 January 2014

@aap I have left a PM contact me I will guide you.


(Guest)

Dear,

A/t your Query/PM

In your case once First Motion of MCD been registered then it becomes on Record and your RCR case will dispose of after second motion.So,here no need to worry.Your Lawyer has rightly suggested as intimate the court where RCR is pending through Memo that both the party had mutually agreed for MCD.

And both the party filed the same on 4 dec.2013 and next proposal date is so and so..and in this scenario the aggrieved party of RCR petition had given consent to withdraw RCR as during mediation the opponent is not willing to combine with petitioner,hence the applicant cum husband agreed mutually with her for MCD.

So,please withdraw the said case in the benefit of both the party with No cause.After this give one copy to your opponent advocate and take the receive.And also take the mediation copy where it was stated that she has been agreed for MCD.And also carry the first motion copy along with you for your future purpose till the second motion doesn't passes.


Regards,

(ESIS)


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