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sandykrish (Interested in Family LAW)     17 January 2014

Rcr mediation- mcd

Hi Learned Members.

 

Applied for RCR, during the RCR mediation we arrived at MCD settlement, filed the MCD settlement on the same day which is Dec 04 2013, next date of the 13-B petition is June 07 2014.

RCR Case: My wife was supposed to file the Objections. I and my wife was present today. I and my Lawyer filed a memo to the court and brought the notice to the Judge that we have filed the 13-B petition with the case # and my advocate told that put the RCR matter to June 07 2014 and once the divorce is confirmed we will withdraw the RCR case. A copy of the MEMO was issued to the Wife and Wife's Advocate.

The reason why we did this is because my wife and in-laws are having the uncanny behaviour and change their mind any time. If we withdraw it now and if they withdraw 13-B petition we will be back to square one. 

The Judge told that he cannot give such a long date but has given the date in March asked us to get one more date in March.

Am I going right in this matter. May be If my wife doesn't turn up for 13-B second motion I will any way have an option to withdraw by citing above reasons.

Is this technically permissible?



Learning

 4 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     17 January 2014

Dear,

Its always better to take precautions and you are doing right by taking so, but in this legal world things are not static and new things could come with the change of many things, need not to think negative .... wait till second motion until then in RCR mention the fact that 7th June 2014 is the date and adjourn the matter after that date and once divorce is complete, then RCR would collapse by simply filing an application stating that divorce decree has already been passed.

Advocate Kapil Chandna

9911218741

Laxmi Kant Joshi (Advocate )     17 January 2014

sandy why didn't you add one point in your mou that you both will not withdrawl yourself from the mcd proceeding till its end .2. the procedure now you have adopted is also a good one go ahead with positive approach .

aap (manager)     17 January 2014

I disagree with mr joshi u cant force anyone mentioning in mou that she woi come in second motion , even court will not accept it and will not take any action even if u mension this in mou

aap (manager)     17 January 2014

As far as I know sandykrish is much more knowledgeble he know how to do the things, im rite sandykrish


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