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mrgop (Owner)     05 December 2011

What if wife withdraws consent after 1st hearing of mcd

I'm contesting an annulment/divorce petition filed by wife on ground of my impotency, and later she added mental cruelty as additional ground. When I filed application for my potency test, the judge odered mediation saying my application for potency test will be considered later.

During mediation she offered to withdraw all allegations if I agree for mutual consent divorce (MCD).

a) What if she withdraws consent after the 1st hearing of MCD? Can I reopen the current petition and move on from present status ie. evidence stage?

b) Can she refuse to open the current petition and file a fresh petition for divorce on new/altered issues ie. avoiding impotency allegation?

If I go for MCD, I want to make sure that I can reopen her current divorce petition and move on from present status, in case,  she withdraws consent during MCD. I doubt, its her trick, agreeing for MCD to get closed the current petition, then withdraw consent and file fresh divorce petition on new grounds or at least avoiding impotency allegation.

Please let me know what precautions should I take.

 



Learning

 3 Replies

Sanjeev (Lawyer)     05 December 2011

She wont withdraw as she agreed for MC divorce to speed up the process as proving the allegations is difficult. Proceed wih MC divorce that is better.

Legal Fighter (Advocate)     05 December 2011

make sure thst all money consideration comes at second motion only.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     06 December 2011

Agreed, try to keep the money transactions/ most of the money transactions for second motion.

 

 

Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

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