ram (none) 18 January 2013

Rcr-divorce-mcd

Hi Experts, I've filed for RCR @ Chennai during June 2012 and my wife had already filed a divorce in sep,2011 @ Bangalore. I got to know about this only after filing my RCR. In today's mediation, my wife side had asked for mutual consent and they don't require any alimony. Here are my questions..

1. Is it ok to agree for MCD, when my RCR is still pending in chennai?

2. Do i need to inform in MCD, that my RCR is pending?

3. I do see some cases, that wife had agreed for no alimony under mutual consent and later open a new case asking for alimony. Is that true?

4. can i agree for MCD, If she agrees in MCD that she is willfully deserting the husband and all allegations given are false?

5. I see a ploy that if i agree for MCD that my RCR is nullified Am i right?

6. Can i say that only after the RCR is decree we will apply for mutual consent divorce?

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7 Replies

stanley (Freedom) 18 January 2013

1. It seems that your wife is in a hurry to re-marry or must be having a affair and hence wants MCD as the process gets over within two motions and within a period of 6 months .

2. The next question is what exactly do you want do you want to give in esaily and get re- married too :-).

3. As to maintanence under change of circumstances your wife can ask for it at a later stage or may very well say under duress she was forced to sign the MCD.

4. you have not stated if you have a child ?? and hence the question of visitation would come into question .

5. But natural if you agree than your RCR is nullified .

Msk-need -nuetral- laws (self) 18 January 2013

Common Ram, Lucky man, no confusion, grab MCD!! That too no alimony. Consult lawyer and frame all necessary conditions in it such that you are not implicated later by any means. RCR you can cancel or leave it as such it gets disposed.

All the best, wishing such opportunity knocking at my door.. Oops!

ram (none) 18 January 2013

Stanley, thanks for your inputs, i also felt that she may say that she was in duress and signed the MCD. i do have a son and i'm ok to give atleast 5k per month as maintenance to my son. however the mediator is syaing that they can't talk//write about anything about child maintenance / visitation etc.,. because MCD is between husband and spouse and child things cannot be entered; Is that true??

Tajobsindia (Senior Partner ) 18 January 2013

Originally posted by : ram
	Is it ok to agree for MCD, when my RCR is still pending in Chennai? Take: On the motion of parties Court adopt one out of two proceedings; first one is converting divorce or RCR into MCD or second dismisses both as withdrawn and allows parties to file joint motion for MCD. So neither you are in a better upper hand nor will she be on this question which is dependent upon Court to suggest. Do i need to inform in MCD, that my RCR is pending? Take: You have to as well as both of you have to place a registered between parties Agreement settling various issues / cases between them including mentioning certain past, present and future terms and conditions in such Agreement for a Court to sit to do enquiry and then grant decree in MCD proceedings. I do see some cases, that wife had agreed for no alimony under mutual consent and later open a new case asking for alimony. Is that true? Take: There are two ways to seek happiness in life; one is to feel both are parting and future nothing will happen and second is become old thinking future is not going to be ever happy. As in neither Court can guarantee if in future any family Law will have retrospective effect nor you can seek her guarantee that she will not do this or that. It all boils down to “change of circumstances” of either and or both parties as and when thay may or may not happen. Can i agree for MCD, If she agrees in MCD that she is willfully deserting the husband and all allegations given are false? Take: Normally if you want such conditions then she will also put some conditions so the perennial questions always remain are we going to settle or not! The moment you have an answer come back here we can talk more on MCD and or parting once for all from each other as Indian matrimonial Laws are never legislated with life time guarantee. I see a ploy that if i agree for MCD that my RCR is nullified Am i right? Take: Then what for you are talking here if you are not interested in MCD? Stick to RCR come what may come and pray to Lord Hanuman to make her come to your flat which I doubt HE will bless you with as that is what RCR is all about if other party does not wish to cohabit Lord can’t even help. Can i say that only after the RCR is decree we will apply for mutual consent divorce? Take: Re read above. Bottom up: Consult locally with an Advocate who can draft an Agreement which takes care of both parties past, present and future issues relating to their marriage and respective legal rights including past, present and future litigations on each others / families. If you agree to such drafts and she also agrees to such drafts then jointly register it then dismiss respective litigations which are on floor of respective Courts and file jointly divorce under MCD petition and give respective statements and post enquiry seek decree in MCD and wait for its appeal period (90 days) if you want to re-start life on positive note. If anything meant to happen it may or it will happen inspite of bets of the agreements and when it happens we are here and if it does not happen then love to see your account deleted as it is not right to come to legal sites when life is all turning then to be happy one post MCD of parties.

On your reply to @ Mani my value addition is to tell mediator that parties have agreed for MCD and file be sent to concerned Court to work on modalities of decree under MCD. A Mediator have no such powers to tell this or that to parties even in consent - compromise mediation decrees. Once mediator send file as passed to concerned Court follow MCD route mentioned in brief in one of the paras. I have a feeling there is communictation gap between you and your advocate.

adv. rajeev ( rajoo ) (practicing advocate) 18 January 2013

It is better to go for consent divorce. In one of the cases compromise peition can be filed .

stanley (Freedom) 18 January 2013

I presume that your wife is a working women and as a matter of fact she cant ask for maintanence and neither would she be getting . But for the child maintanence is co- extensive and she too would have to contribute for the child . The mediator is tugging the skirt of your wife and as amatter of fact when a MCD is signed you can very well state that you would be paying so and so amt as maintanence till the child is a major and also state the days you would like your child to be with you or else ask for shared parenting like 50 % annual vacations to be spent with you , diwali , christmas etc that is provided you are interested in visitation . Else tell the mediator you are in no position to sign the MCD as there is no mutual consent in it . And hence let your wife contest the divorce case . Be Firm and sharp when it comes to MCD .

ram (none) 18 January 2013

thansk for the inputs, i see that the mediator is favouring my spouse.

I'm of the view that i need to tell the mediator that my spouse agrees in the court that my RCR can be decreed on my favour and i'll set up MCD on the basis that she doesn't want to comply to the RCR decree and hence we are agreeing for mutual divorce case.

Secondly, i;ll tell the mediator that we need to talk about child maintenance etc.,. and visiting rights.. without which i cant sign any MCD.

btw, i want to say that the mediator is not positioning / talking to my spouse about co-hablitation.. than she is saying accept her MCD