kiran 20 February 2015

Procedure to say file no during in MCD

Me and my wife filed MCD in gujarat. We have agreed to exchange the gold ornaments with 30 days in the petition. I have to taken this decision in haste since my wife threatened me that she will commit suicide if I force her to live with me. Now I don't want to divorce her and say no for the MCD. Below is my query. First motion is due for next month. Since I have agreed to exchange the gold ornaments within 30 days, what is the procedure to file application to decline MCD petition? My lawyer told that I don't have to be present in the court for the first hearing? Is it true. I have to inform the judge that I was forced to sign the MCD petition and request to speak to my wife for reconciliation. So I would like to know the process to file the application to say no for MCD?

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saravanan s (legal advisor) 20 February 2015

i think you have to be present at the time of the first motion of mcd and that time you can express your consent to withdraw the petition unilaterally stating the facts of fraud and duress.withdrawal of application in mcd can happen anytime between six to eighteen months