I want Justice 15 March 2017

My rights in section 13B

Me and my husband have filed for MCD in court, 15 days back. His family has agreed to pay some money as compensation. My questions are - 1. Can I deny that money and withdraw my MCD application? What will happen if I do so? 2. Since this is a cooling off period and we have to appear in court in first week of September, meanwhile his family has agreed to pay compensation in two installments. But during cooling off period, can I still contact him to reconsider his decision? Is that right legally? Or if I try to contact him, he can file a case against me? 3. Can the cooling off period be smaller than six months? Can he appear in court earlier to dissolve the marriage? Thanks!

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3 Replies

(Guest)

You dont seem to be in your right frame of mind. If you have decided to go ahead with divorce, agree to it by attending the second date. Take whatever money they give you, you will need money. Dont say no to money will be my advise. However if you are not in need of money, then you can reject the money and just agree to divorce. Court did not ask you to file divorce, nor to withdraw it, so your actions are inconsequenstial to court. Enjoy being fickle minded.

ADVOCATE NITIN KAPOOR (Advocate) 15 March 2017

See, in MCD 6 months cooling period is for the racking up the chances of reconsideration of marriages. You contact him freely, if u arrive at mutual decision for not proceeding with divorce then simply dont file the 2nd motion before the court. Divorce will not be granted.

this 6 months period cannot be shortened. Your husband has to wait for this period to appear before the court and there also you may refuse for divorce.

In case divorce is the only option then take the money and agree to the MCD.

Regards,

Adv. NItin kapoor

8800692624

Sachin (N.A) 15 March 2017

You may withdraw your consent of divorce but if you do that your husband may file case of divorce on the ground of cruelty, as Backing off divorce consent equals to mental cruelty.