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simara   02 May 2017

Mutual consent divorce vs petition filed for divorce b4 mcd

i would like to ask that my husband has filed a petition on me in January 2017 to get a divorce. what ever he has wrote in the petition is all not true. he lied about everything..he make up his own story just because im in another country.

i came to india in feb 2017 to settle our disputes with my family and his. we had a panchayat and confronted him about everything he did to me as he cheated me and had multiple affairs. we finally settled to mutual consent divorce as i did not wanted to get into any legal action against him as in india is a painful process and im from another country. it wud have take years. i have a daughter to take care.she is 3 years old. the 2nd motion is in august for the MCD.

he did not mentioned about the case he filed against me and i only got to know it when the petition came to my uncle house, they refused to accpet it as they said im not there.

when my uncle called my husband for clarification he said we will withdraw it.

and on 30th april i got the petition in my country on my name through high comission of india. the hearing date wa son 21st april, which has passed.

i recently checked online that they had not wirhdrawn the case and the next hearing date is in July 2017.

when i asked him again he said the judge was on leave and she willl be bak on 8th may then they will file.

 

i dont know how true is this. is there something i have to worry about. im quite taken aback by the case he fiiles and the ingredients....in it.. his lies...

i understand once MCD is filed all other cases against each other willbe withdrawn and null & void.



Learning

 12 Replies

shrenik (lawyer)     02 May 2017

Daughter can ask her own right when she turns 18 ..she has right in fathers property as divorce is done between u and ur husband but daughter is still daughter

shrenik (lawyer)     02 May 2017

You say to judge when u go that yiu dont want to keep daughter. Then ur husband has to take care of her. Why u are working under pressure

shrenik (lawyer)     02 May 2017

You say to judge when u go that yiu dont want to keep daughter. Then ur husband has to take care of her. Why u are working under pressure

whatnot   02 May 2017

Currently court is on a summer break.

There is not much criminality case husband can file against wife. Yes. He may lie. But it won't make a difference to your life or daugthers other than few financial hurdles and losing bit of sanity.

What is section he is pursuing on legal case for which you recieved the notice through high commision?. Based on that section we can offer some guidence.

 

MCD will happen exparte. Your husband will go scot free.  Consider it as chapter closed.

 

Rest based on reply.

 

Anjuru Chandra Sekhar (Advocate )     02 May 2017

Approach advocate he will guide you how to get what you want. You need not worry about pleadings in civil case. At the most they lead for divorce and nothing more.

simara   02 May 2017

he filed a petition to get divorce....but that before our mutual consent...

according to them n their lawyer they will withdraw the case ....

the summon for  me to appear on th hearing on 21st april,2017. but it has already passed. i got the summon much later.

while MCD is in process now bot of us should not be having any kind of cases against each other>> correct??

whatnot   02 May 2017

Ok.

So he filed for Divorce. And you got summons abroad.

Meantime, MCD is worked out.Same is filed through your lawyer.

 

As long as both parties have appeared infront of judge for filing MCD and second appeareance is scheduled after six months and you can sit tight.

 

If you have given power of attorney to lawyer or a wellwisher, they may appear next date on the other case (divorce case filed by husband previously) and attach the latest copy of mutual consent affidavit and deny all charges on that petiton and ask petitoner to withdraw..

It is legal issue.

 

On the whole either way he will get divorce.

Either exparte based on his previous petition or MCD based on current one..

Make sure no child custody is mentioned in all cases.. Legally child should be with you.

 

Time to sit and wait for next dates.

 

Anjuru Chandra Sekhar (Advocate )     05 May 2017

It depends on the terms of MCD. It is not necessary that other cases become null and void once MCD is agreed to.

simara   08 May 2017

Originally posted by : simara
he filed a petition to get divorce....but that before our mutual consent...

according to them n their lawyer they will withdraw the case ....

the summon for  me to appear on th hearing on 21st april,2017. but it has already passed. i got the summon much later.

while MCD is in process now bot of us should not be having any kind of cases against each other>> correct??

 

Anjuru Chandra Sekhar (Advocate )     08 May 2017

Not correct. While MCD is in process you both CAN HAVE cases against each other. 

simara   08 May 2017

but what if in the MCD terms we have mentioned that we will not file any case against each other and also will wihtdraw if any...so thats what i did...i withdrawed all..as my husband side made sure i did it.....and when its his turn he is playing games with me...and the date for next appearance is on 11 july. i have not attended and also so far have not sent any lawyer from my side coz all the while he told me they r in the process of withdrawing the case.

Anjuru Chandra Sekhar (Advocate )     08 May 2017

Agreement in Restraint of legal proceedings in courts is void as per contract act. It neither prevents him to file cases against you nor prevents you to file cases against him.


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