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arunsrinivaas (pensioner)     16 August 2015

Question in mind

sir

  i have already put so many legal queries in this valuable website and got so many legal counsels answers.

 i have already spent lot of lawyers professional charges and also paid hefty amount as one time settlement as permanent alimony believing my uncle who worked as mediator for both families (for wifes family and my family) and who also arranged supreme court lawyer  for mcd case. only one time meet with lawyer for mcd but mostly my uncle only leaded me in all legal affairs (preparing and filing mcd petition and preparing and filing affidavits of both and also payment of one time settlement through my uncle only and receipt containing wifes signature for receiving one time permanent alimony and two witness signatures out of which one of signature is my uncles signature in receipt. this is my case scenario.

     facts of my case

        1.fifteen years desertion between me and estranged wife.

        2.due to joint family structure i suggest for mcd to my wife twice but rejected by her but only my uncle tried for mcd and i believed him and dont know what conversation take place between my estranged wife and my uncle.

      the documents filed in my mcd case

        1.mcd petition

        2.affidavits of both of us

        3.marriage invitation

        4.ration card xerox copy

     the document omitted and neglected to be filed with petition is

      1. memo of understanding ( is preparing and filing mou in mcd cases is must?)

       2.the receipt in 100rs stamp paper for received permanent alimony

though amount of permanent alimony is mentioned in mcd petition the fact of payment of one time settlement neglected to be quoted in mcd petition.

   i have been very nicely cheated by legal counsel and my uncle and i am at dead end.

   again start from beginning by filing contest divorce is very tiresome.

      to file appeal in connection with my mcd case in chennai high court can  i file it as civil misc.appeal or should i file as contempt on civil side appeal in high court.

    i have to win divorce decree in my mcd case

     under what section of law  the receipt for paid amount of permanent alimony can be filed with my appeal form in high court which is neglected to be filed in family court?



Learning

 3 Replies

Born Fighter (xxx)     16 August 2015

can you read again what you have written............and write a more meaningful query with exact details of where is your case standing now, is wife refusing for MCD , have you paid her alimony amount and in cheque/cash etc etc . Vital info is missing..

ROHIT SHARMA (Legal Advisor )     16 August 2015

1. The non submission of the memorandum of understaning for M.C.D ( which being mandatory) has therfore lead to dismissal of your petition.

2. As you have the receipt for the one time alimony paid by you to your wife then you either have to file a fresh M.C.D. peition or file a regular petition for divirce u/s 13 (1) (i-b) of H.M. Act, 1955 and in the latter case you indeed will be able to secure a diviorce decree and will not be required to pay any inetrim maitenance or permamant alimony. The receipt of the one time alimony need to be submitted as evidence and this wlll ensure an expditious trail.

3. Filing any civil appeal before the H.C. will not serve the purpose to intiate the M.C,D procedings which has had been closed due such default of not filing the M.O.U.

 

Laxmi Kant Joshi (Advocate )     18 August 2015

File fresh mcd petition before the family court as mou is mandatory for mutual consent divorce, without this your petition will be dismissed by the court.

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