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lota (housewife)     17 March 2013

Mutual divorce

HELLO, I HAVE APPLIED FOR MAINTENANCE UNDER DV BUT IT IS TOO LENGHTY .I HAVE NO INCOME SOURCE AT PRESENT.IF I AGREE FOR MUTUAL DIVORCE AND TAKE MONEY IN THE FIRST DATE BUT DONT AGREE FOR DIVORCE ON THE SECOND DATE AND DONT RETURN THAT MONEY WHAT ACTION MY HUSBAND CAN TAKE ON ME?



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 6 Replies

Rajeev Nair (Professional)     17 March 2013

Please think properly before you take any decision.....Discuss with your elder memebrs first before you going for a decison

lota (housewife)     17 March 2013

PLEASE REPLY LEGAL REMEDIES.THANK YOU FOR RESPONDING.I AM JUDGING PROS AND CONS OF THIS SITUATION.


(Guest)
Originally posted by : lota

HELLO, I HAVE APPLIED FOR MAINTENANCE UNDER DV BUT IT IS TOO LENGHTY .I HAVE NO INCOME SOURCE AT PRESENT.IF I AGREE FOR MUTUAL DIVORCE AND TAKE MONEY IN THE FIRST DATE BUT DONT AGREE FOR DIVORCE ON THE SECOND DATE AND DONT RETURN THAT MONEY WHAT ACTION MY HUSBAND CAN TAKE ON ME?


Lota,


As a woman you can do anything, but it finally depends on what you want from life.


Money or peace of mind.


I have read your other query, but refrained to reply as most of them want good to happen to you.


Why did your husband cheat on you inspite of having kids from you?


Dont you think, it takes two to tango?


As far as yiur husband is concerned, about you take money and you wont return it, its as good as replicating him, as he had children from you and is wanting to marry someone else which amounts to cheating.


But by Indian standards, you can do it, all do it, each female who recieved money does it, you wont be an exception.


Concience is a diffrent matter altogether!

Tajobsindia (Senior Partner )     17 March 2013

I read various repliers are missing the merit points!!!!

Why one should do that other than to contentiously take revenge on other party - right / wrong?

Anyhow once money taken and consent withdrawn same cannot be asked to return back was what were earlier judicial wisdoms. But now societies power to challenge based on larger public interests have changed as there were equal number of bolts among either genders falling into such last mile hiccups situation and hence judiciary was understandable enough to follow larger public interests in dead marriages.

Hence now-a-days many High Courts as well as Apex Court have admitted Appeals in more or less similar facts based on one merit point “if one party adheres to terms and conditions of MCD and other party accepts like herein he commits one time compensation and gives it on first motion and you accept the same, means en-cashes the same then you cannot rescind back at second motion time”. In such situation he can pull you to HC i.e. your husband’s side of “able” advocate(s) will ensure MCD does takes place this time and make sure you spend money on HC litigation which is more expensive than trial Courts out of the same money which husband gave to you on first motion unless you are not having any other source of ‘income’
J.

There is many Apex Court as well as HC’s citation to such effects.

Also like one says in war of roses, if a marriage is dead for all practical purposes between two parties and divorce is inevitable between parties, why think the way you asked opinion from us? Further provided the compensation (one time) is as per once expectation ? Think once again about whole situation buying long term peace within as one gets more hurts than success.

Lastly in dead marriages ‘eye for an eye’ hurts more to oneself and prospectively not to other person at such end mile posts if one is not sure which bridge to burn and which bridge to cross.

1 Like

Manish Udar (www.Mehnat.IN)     18 March 2013

let that scoundrel who abandoned you after two children take care of the kids. give him child custody so that it becomes easier for you to find a husband.

lota (housewife)     18 March 2013

Thankyou so much tajobsindia.I am greatful to you!


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