opensky (self) 27 October 2016

Converting cruelty petition to mcd

Hi,

Please help in below situation if the actions are correct or being taken for ride:

Girl files Petition, under cruelty
Boy is totally taken aback and shocked and loses all confidence and hope by seeing all lies and misinterpretations
In mediation, girl says on her own that MCD is what she wants
Boy says, OK
Case does not go to court for contesting
Agreement is drafted in mediation cell itself and presented in court stating no alimony, etc. (60L was asked in petition)
Divorce granted - entire process 4 months
Final decree spells out same cruelty petition as reference and divorce granted on same basis

Upon asking mediator and boy's side lawyer tells - since none of the accusations was proven in court, this settlement is nothing but MCD.Boy was very clear that he wanted all accusations to be removed and was promised this is what is being done.Entire process over in 4 months.

Please advice on 5 Qs below:

Has lawyer of boy's side cheated or not given proper direction?
Does this mean boy is guilty of all accusations in eye of law? Is the implicit interpretation that boy has accepted all that is in petition accusation?
Is this really MCD?
Should they have not withdrawn original petition and filed joint petition for MCD?
Is this permanent black mark on boy's character?

Can there be anything done now?

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8 Replies

(Guest)

Girl has to withdraw her petition. Both his n wife have to file common petition u.s. 13b of HMA 1956 after crafting terms n conditions, sign it n present it to court n wait 6 months to get divorced. The above story u have put is inconsequential n headachy.

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com ) 27 October 2016

Dear opensky, The contents of the petition are generally mention in order copy. However the allegations made petition in your case are not proved and as per mutual understanding. You both have arrived at compromise and already granted with divorce. So you need not worry and will not affect you in any manner. Now you can't get deletion of allegations made in order copy.

Sachin (N.A) 27 October 2016

Dear opensky,

You are suggested to upload the judgement here for accurate replies.

opensky (self) 27 October 2016

Thank you Sirs. Pls advice below point: Does this mean boy is guilty of all accusations in eye of law? Is the implicit interpretation that boy has accepted all that is in petition accusation?

Vijay Raj Mahajan (Advocate) 27 October 2016

There was lot of mistake on the part of the lawyers of both sides. The Original divorce petition of wife based on the ground of cruelty should have been withdrawn and fresh petition for divorce by mutual consent on terms and conditions as agreed between both parties should have been filled.

The Process of divorce by mutual consent requires statutory 6 months that has to be followed by the district family court.

No allegations of cruelty should be mentioned in the petition and the divorce is based on mutual consent of both parties who agree to call off their marriage without making any allegations on each other. This helps both parties free from any allegation of cruelty towards each other. The judgment of the divorce in the case of divorce based on cruelty will definitely mention that the act of cruelty as mentioned in the petition were found to be correct and hence divorce is allowed on the ground of cruelty.

This all happens when you guys venture out for cheap inexperienced, lawyers to handle your cases rather taking help of experienced, senior lawyers in job.

(Guest)

Agree with Vijay Saab.

(Guest)

Agree with Vijay Saab.

opensky (self) 28 October 2016

Thank you Sir. It is unfortunate indeed. Not cheap lawyer...boys side lawyer took 1 lakh fees....n 5k for court copy. No ethics at all. Mediation is such an eyewash with so much gender bias favour of women. High time for educating children in schools about these basic aspects.