Withdrawal in mcd is amount to mental cruelty
Dipak
(Querist) 09 June 2014
This query is : Resolved
Earlier wife from foreign country had filed H.M.P. in family court u/s.13(1)(ia) of H.M.Act through power of attoreney. Then this petition was converted into mutual consent divorce u/s.13B of H.M.Act.. Then after, husband has withdrawn his consent in petition of section 13B of HMA (mutual consent divorce) after the next court date of filing the petition as he sustains the marriage life. Now, Wife from foreign country again filed a new H.M.P. u/s.13(1)(ia) of hindu marriage act in family court through power of attorney stating that wife in foreign country gets lots of mental cruelty by the act of withdrawal in mutual consent divorce petition by husband.
1.Does withdrawal of consent in petition of mutual consent divorce u/s.13B of H.M.Act is amount to mental cruelty?
2.Please refer any judgment related to this type of case.
ajay sethi
(Expert) 09 June 2014
1) withdrawal of consent for MCD does not amount to mental cruelty .
for judgements visit indian kanoon.com website
V R SHROFF
(Expert) 09 June 2014
withdrawal of consent for MCD is a Legal Proceedings and is not any cruelty .
we do not provide citations.
Dipak
(Querist) 09 June 2014
Thank you all experts...
ajay sethi
(Expert) 10 June 2014
thanks for your appreciation
Nadeem Qureshi
(Expert) 13 June 2014
Dear Querist
once the parties are ready to mcd and the contested divorce petition has been converted and husband withdraw his consent then this act comes under mental cruelty and harassment. Because when the husband was not ready to mcd then he should fight the contest ed divorce but at the time he was agree to mcd but thereafter he withdraw his consent then the wife have to file contest ed divorce again and whole procedures have to be adopted again by her poa holder so it is mental cruelty and harassment.
Feel free to call
Dipak
(Querist) 14 June 2014
I am confused by different opinions of different experts and after reading following judgments.
1.Bombay High Court C vs H on 6 May, 2011 (Mr.Prakash Alumal Kalandari vs Mrs.Jahnavi Prakash Kalandari)Bench: A.M. Khanwilkar, Mridula Bhatkar
2.Supreme Court of India Anil Kumar Jain vs Maya Jain on 1 September, 2009 Author: A Kabir Bench: Altamas Kabir, Cyriac Joseph
Dipak
(Querist) 14 October 2015
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