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Saurav (Engineer)     26 February 2015

Mcd when divorce is granted

Hello all,


I got married on July 1,2014. Wife separated after 2.5 months on September 19, 2014 and went and stayed at her parents palce.

There is absolutely no chance of reconciliation.


I understand that petition for MCD will be filed on July 1, 2015. On September 19,2015 the separation will be 1 year complete. Will I get a divorce on September 19 ?.

 

Thanks



Learning

 9 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     26 February 2015

Dear, MCD has two motions .... First and second after 6 months of the first motion .... So the divorce is complete on the second motion only .... Kapil Chandna Adv 9899011450

R.K Nanda (Advocate)     27 February 2015

divorce decree is granted after 6 months from date of filing MCD.

u can opt for phone consultation with me by pressing CLICK TO TALK option.

T. Kalaiselvan, Advocate (Advocate)     02 March 2015

the one year separation period will begin from the actual date of separation mentioned in the divorce petition filed under mutual consent, so t will not be 1st July, it will be from September.  Check it up through your lawyer.

Shantanu Wavhal (Worker)     03 March 2015

Dear Saurav, 

u wont get anything without the CONSENT of ur beloved one.

Saurav (Engineer)     04 March 2015

kk

K.P.Satish Kumar (Advocate)     16 March 2015

MCD can file only after one of marriage and need one year separation period. Can show date of separation period from the 1st week of marriage. so you cannot wait a long period. 

Saurav (Engineer)     16 March 2015

Hello, Thank you everyone. We both of us are absolutely not ready to co-habit as husband and wife. Will the honourable court waive of the so called waiting period. We have proofs of our non-understanding and non-compliance with each other.

 

we will also give the relavant statements of our non-understanding whenever we have the meeting in court to the Judge.

Thanks.

Born Fighter (xxx)     16 March 2015

If both husband and wife agree for MCD then there is no necessity to PROVE incompatability /differences to court. However 6 months period from date of filing of first motion to second motion will be mandatory.

From sept you have to wait for 6 months for final decree to be passed by the court.

Also many times it happens that parties back out from MCD , in case of women they ask for hefty alimony to husband once they know the husband is desperate to exit.

Saurav (Engineer)     16 March 2015

Originally posted by : Born Fighter

If both husband and wife agree for MCD then there is no necessity to PROVE incompatability /differences to court. However 6 months period from date of filing of first motion to second motion will be mandatory.

From sept you have to wait for 6 months for final decree to be passed by the court.

Also many times it happens that parties back out from MCD , in case of women they ask for hefty alimony to husband once they know the husband is desperate to exit.

 

My wife is more desparate than me. so in case of being filed charges......I dont have to worry :).


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