Mcd query

Sir, 

 

Once the mutual consent petition is filed with the agreement mentioning all the points, the problem about child custody, financials should not arise. 

You can come and meet with all the documents since I practice in Delhi District Courts only. 

Warm Regards 

Kapil Chandna Advocate 

9899011450

Second motion date fixed for October 2015? How that is possible we're in 2016 now. As far filling for second motion is concerned that is after 6 months from the date first motion order made not from date of separation. As far changes in terms and conditions for divorce that can always be sought by either party before order for second motion is made, the right to withdraw consent exist with both parties and that they can do or bring fresh terms and conditions for continuation of their consent for divorce. I'm member Saket Bar Association and practice in Family Court,Saket, New Delhi.

1) The calculation of date for the second motion is from the date of order of the First motion and it has to be filed after six months to 18 months from that day, after which it automatically expires and when you cross the date period of Second motion you again have to file is from stage one.

2) Afetr the final decree of Divorce your wife can not challenge it, as it is an consented decree.

3) In case all the aspects of the future are well drafted and agreed uopn in the Memorandum of Understanding no party can go beyound it; unless untill, there is any non enforcebale clause in it which no prevailing law allowes to be enforced.

4) As you have paid one time Alimony on the record of the case there is no provision in Judgement to encorporate it since it has already been given and on it's basis only the decree has been granted. In case you want a record of its mentioning please apply for the whole case file verified copy from the court, you can get mentioning of your payments in that record. About Child's Custody and the Visiting rights of a parent also you both must have written in your MOU so there is no need of it to be mentioned in the Judgement. 

MCD is decreed only on the basis of the both parties mutual understandings of the present and future relations so that Judgement on the divorce based on it do not cover much of the areas concerned which already have been covered between the two parties.

Decree is Passed by Court and it bears the signatures of the presiding Judge with a date and seal that's all. Now a days Even in the High Court they do not use Court stamp on the back of the Final Judgement only the Verified copy of the Judgement is given as an original one in most of the cases.

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With Regards !!
Anand Bali, Adv.
(B.Com., M.A., LL.B., M.B.A.)
Supreme Court Of India

Hi, Would it be possible to meet up to discuss further on 22july 2016 in person.

Hi, Would it be possible to meet up to discuss further on 22july 2016 in person.

Hi, Would it be possible to meet up to discuss further on 22july 2016 in person.

Hi, Would it be possible to meet up to discuss further on 22july 2016 in person.

Hi, Would it be possible to meet up to discuss further on 22july 2016 in person.

Hi, Would it be possible to meet up to discuss further on 22july 2016 in person.