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Senthil kumar (Recruitment)     11 November 2014

Wife chose mc,my earlier petition is waiting

I filed a divorce petition last month in my home town.

 

when i enquired ,my advocate said,judge is not available and may take another 15-20days to number it and they may send it to wife for intimation.

 

Meanwhile i got a news from my wife side that they may also opt for MC Divorce.

1.Do i have to cancel my petition.

2.will it be good ,if she files MC  and i accept it?

3.Do i need to pay maintenance?

4.If i show as jobless,what they may do?

5.what should i do to get me belongings which are taken by her?

 



Learning

 4 Replies

Adv k . mahesh (advocate)     11 November 2014

1.Do i have to cancel my petition.

do not cancel till you get the correct information of the Mutual consent divorce

 

2.will it be good ,if she files MC  and i accept it?

for mc both you and your wife has to present in the first motion 

 

3.Do i need to pay maintenance?

if she is working then you can contest 

 

4.If i show as jobless,what they may do?

while you are working and show as jobless your wife may show evidence that you are working and showing jobless with proof then you have to defend

 

5.what should i do to get me belongings which are taken by her?

you have to mention in the divorce petition about the items she is holding from you to hand over to you 

Senthil kumar (Recruitment)     11 November 2014

Thanks, i received  a MC from their advocate.

but i would like to claim my belongings and take certain steps since i was defamed by her.

 

what should i do?

T. Kalaiselvan, Advocate (Advocate)     15 November 2014

@Senthil Kumar;  Firstly do not withdraw the divorce case filed by you till the second motion of the proposed MCD is taking place.  If at all a MCD is filed jointly though initiated from her side, on the dates of hearing on your divorce petition you may inform the court that the MCD is being processed and hence the present divorce case may be adjourned until the MCD is decided, if need be, the same reason may be cited in the affidavit and petition seeking adjournment. about the return of your belongings held by her, you may ask her to either return the same on or before the second motion of MCD and if need be a list may be  recorded for the same before handing it over to you, likewise, you too  may a list of those items belonging to her held by you and intended to return to her. As far as the maintenance amount or alimony, it will be better that you arrive at an amount quoting one time quit, all these may be prepared in a format of memorandum of understanding between you and her.  Discuss the issues with your lawyer in depth and proceed.

Senthil kumar (Recruitment)     17 November 2014

Dear Mr.Kalaiselvan,

 

Thanks, it s a valid point.

i will go with your advice.

 

are you from coimbatore?


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