Breach of trust

victim of faith (Querist) 02 July 2013 This query is : Resolved
hello everybody,

my grievances:
ours marriage is 36months old. after speration of 19 months, v hv decided to separate mutually through mcd. on his insistence,

in the process of finalising of MCD documentation, on his insistence, i leave my right of maintenance. [this clause was cancelled in mcd]

now he does not want mcd.

whole process of suggesting of inclusion or ommission of terms in mcd has been taken place through e.mail. no hard copy is made.
thus, i do hv a proof of his active involvement in preparing mcd documentation.

does it helpful to put some pressure on it ?

if not then does terms of mcd may b hurdled in filing other cases in future though there is no signature or name of advocate nor signature of any one of us are on mcd ?.

considering the no. of months involved and terms of mcd ? [no need to clarify normal terms of mcd - absance of any kind of real or/ false allegation to each other]

now what r the options left for me to file ? and its effectiveness.

give me advice.

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Raj Kumar Makkad (Expert) 02 July 2013
If the process of MCD has been interrupted then the other party cannot be pressurized to obey it. You are free to file contestant divorce petition and the conversation, if favourable for you, can be produced in that petition.

Devajyoti Barman (Expert) 02 July 2013
Either of party can always avoid completing the MCD and the other party can not put any pressure legally or otherwise to force the other for it.
If it fails then also you can file suit for divorce and other reliefs like alimony.

Rajendra K Goyal (Expert) 02 July 2013
You have all rights to withdraw your consent for MCD and file regular divorce till the process of MCD is complete.

prabhakar singh (Expert) 02 July 2013
MCD as the name goes is a mutual consent divorce petition in which courts have no role to play and can not insist any party to give consent to pass decree.

CONSENT always refers to a FREE CONSENT.

THEREFORE A MCD CAN BE WITHDRAWN BY ANY PARTY AT ANY TIME .