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arunsrinivaas (pensioner)     30 June 2015

Query regarding appeal

respected sir, my mcd case brief is like this,

  1.there was payment of one time permanent alimony of  25 lakhs through mediation of  my sisters husband  and signed as one of witness for receipt of amount in 100 rupees stamp paper. this takes place prior to filing of mcd petitions and concerned affidavits in family court. no mention is made of about payment of one time alimony in mcd petition by lawyer who is common to both parties. lawyer does not told about family court hearings but i know through my friend whose divorce case is running in same family court,

 2.only me attended somany hearings for past 20 months but my cunning wife attended only few hearings. at last  on 5.6.2015 she appeared with new lawyer and withdrew  her consent expressing her withdrawal in mcd petition as i dont want to continue petition but not telling about reasons for withdrawal of consent.

3. there is 15 years separation between us and she told in her affidavit that due to incompatibility matrimonial relationship cannot continue between us and if you give me one time alimony of 25 lakhs i will give my consent in mcd from which she backed out.

4. with 25 lakhs permanent alimony she bought one flat in pattabiram and enjoy benefit of mcd consent now she backed out.

5.son studied b.e and now working in big company and he is with mother in pattabiram.

 6.due to judges dismissal order in mcd i am hoping to appeal against dismissal order of family court in high court.

7. i applied for dismissal order on 8.6.2015 but still now not received dismissal order.

8.what is limitation period for appeal against dismissal order in high court?

9. along with memo of appeal is it enough if only dismissal order is attached?

10.is family court documents filed in mcd to be filed with memo of appeal?

11.if family court documents are needed will high court order for despatch of documents from family court?

12.what is procedure going on in appeal against family court order in high court? please provide me with your valuable ideas. i am so much suffered and i am in dire need of divorce decree.



Learning

 1 Replies

saravanan s (legal advisor)     03 August 2015

dear arun

what is the reason for dismissal of mcd?did your wife withdraw her consent to give mcd.if so see this link would be helpful for you

https://timesofindia.indiatimes.com/city/jaipur/After-filing-mutual-divorce-petition-wife-can-not-withdraw-and-ask-for-more-money-HC/articleshow/13877189.cms

if mcd is dismissed then you must file for contested divorce.as far as the one time settlement you made you can produce it during the filing of contested divorce


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