Mcd


Hi,

I am new to this forum,

after a long period me and my husband finally came to a conclusion to end up the battle, so we filed MCD.

now my question to all dear friends and respected advocates is,

1.advocate urged me for MCD filing and its over

2.immediate after 1st motion he again urged me for 2nd motion i told 6 months to 18 months is there , so please leave me to

be prepare for divorce mentally.

3. now again he is saying that there is no time frame of 18 months in MCD and its already 6 months over , so judge will wont give time and if u need u come directly to court and ask to judge and if he give then its ok otherwise u have to sign the 2nd motion and divorce decree will be passed,if u have doubts ask second opinion to some other advocates.like this he is saying

4.but to my knowledge 6 to 18 months is there for a MCD petition to be alive , so y cant i take some more time (say 3 to 4 months) and be well prepare for divorce.

5.moreover i facing some of other personal problemslike my son health and other related matters (in between that0 i dont want to go hurry burry in divorce as its a very serious matter.

6.please correct me if iam wrong

7.shall i explain my position to judge and ask some more time for 2nd motion?

8.whether i will get the same or need to sign the 2nd motion?

NOTE : some part amount they gave to me as part alimony and balance will be given after signing of 2nd motion papers.

help me please to go in right path.

 
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Lawyer in Hyderabad.Email:ramachary64@gmail.com

Think about your son future. Do not take decision in view of your son future. If any problems you both can amicably settle the problems. Divorce is only not a solution.

 
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Sir, u r right.

but my husband is only interested to get seperation from me and want to marry his girl friend.

so that i came to end our marriage.

but now after signing of 1st motion and got part amount as alimony i cant say NO to mutual consent na.

so i was forced to take this decision, meantime i need some more time to prepare for the divorce.

whether i will get the same sir.

 
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Expecting your all Valuable replies.

Please help me as second motion is there next week

 
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Business

Until order is passed, you can withdraw MCD.  Taking alimony is not basis to deny you from withdrawing. Worst case, u will have to repay alimony but u can tell the Judge to apply it to maintenance. 

As u have son, avoid divorce, if possible.  Of course, it is easy to advice. You know the reality so decide accordingly but if you have changed ur mind, it is not a legal impediment for you to withdraw the MCD petition/application.

If u avoid divorce and let ur husband pay maintenance, there is a chance that he may later get tired of his girl-friend and come back to you. If u think along this line, then avoid divorce and pray all will be well later. On the other hand, practically speaking, if he is desperate to get divorce, you can leverage his desperation to fetch yourself a good alimony now. If that desperation goes then later he will be less eager to pay u a good alimony.  There are pros and cons of your decision... consult ur parents, brother(s) or dear ones. Their opinion in this case is more important than legal opinion of advocates.

 

 
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Dear Sir,

Thanks for ur valuable reply.

I too dont want divorce and me and my son willing to stay with my husband forgetting and forgiving all his wrong.

even i m ready to return back his part alimony now also.

but he is not at all ready to live with us and he is keen interested to join his girl friend immediately and legally.

so i m now in a situation to safe guard my son future.

at present that is the most important matter to think about, so im ready to give divorce under MCD and

i just want to live for my son only.now my query is whether IF I ASK JUDGE TO GIVE SOME MORE TIME (SAY 4 OR 5 MONTHS) shall i get the same or not.

IF THE JUDGE DENY ME THE TIME AND PROCEED FOR 2ND MOTION - ON THAT STAGE HOW TO EXTEND THE TRIAL PERIOD (AS I HEAR MCD WILL BE KEPT ALIVE UPTO 18 MONTHS , BUT IN MY CASE IM JUST ASKING 4 MONTHS TIME)

Please guide me.

 
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Business

DISCLAIMER: i AM NOT A ADVOCATE but my own divorce proceedings taught me a lot as I represented myself in Court without an advocate.

Having said that, I think that the statutory period of separation for MCD is 12 months. Have u been separated for 12 months before the MCD was filed? 

First, u must come to a decision if u want divorce. If not, withdraw the MCD and let things take their course... Nobody can force u to go in for MCD.

If you decide to go for MCD, make sure that your alimony and other issues are settled and u have a VERY good advocate to draft a proper settlement agreement. This is taken very lightly by most couples.  TAKE A FIRM DECISION AND STICK TO IT.  HESITATION AND INDECISION CAN BE VERY STRESSFUL.

 
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Yes I want to divorce that guy and we are seperated more years.

he filed for divorce and he failed and case dismissed and now saying to everyone if he was made to join with me he will commit suicide, so after that he told that he is in love with his girl friend.

he wont care abt me r my son.

so that i decide to go for MCD.

but it was done in hurry burry and i need to prepare myself for divorce as it is a sensitive issue and it will impact me life long na.

so for my preparation i need  some more months.whether i m eligible for time extension or not.

filed MCD 28.04.2018  - next date 02.11.2018 (i didnt appear due to my cousin death) next hearing is this month end.

pls tell me about time extension,shall i ask or not.

 
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Business

See my response in PM sent to you.

 
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