Unbelivable!both want divorce,yet wife not converting to mcd


Hello everybody,

 

                           This is my second post.Those who are reading this for the first time can go through my first post "Marriage broke my heart" for better understanding of my situation.I still have few doubts and questions.So, I made this thread.

                            Let me state my situation in brief.My wife filed divorce petition against me with cruelty as the ground without any claim for alimony.They told me clearly,they don't want alimony.I,too want divorce.But they did not agree to withdraw the case and file MCD.The allegations are all baseless.My lawyer advised me to deny the allegations and state no objection for divorce.He prepared a petition and I signed it.I did not appear personally before the court.Side by side he also made another joint petition to convert the case to MCD.My wife was not present in the court.So after putting my signature he handed it over to her lawyer.She is working far from here.Her lawyer told that he might get it signed on the next hearing.He did not look interested though.Till date she has not signed the joint petition.I never understand their reasoning for whatever they do.They seem highly inconsistent.

 

My question to the experts are:

  1. If she doesn't sign the joint petition what will happen on the 2nd hearing ?
  2. I have no objection for divorce, even in that situation will the lengthy court proceeding for proving the grounds(which are false) and cross-checking happen?
  3. How long it may take to get divorce?Both of us are young.

            

             I know MCD is easier and I never objected to it when they contacted me but they filed this suit.Now I am worried that I may be entangled in the litigation.

           

Thanks in advance.

Heartbroken

 
Reply   
 

what is mcd?

 
Reply   
 


Worker

 

M C D = Mutual Consent Divorce.
  1. If she doesn't sign the joint petition what will happen on the 2nd hearing ?

the divorce petition already filed by her will continue.

  1. I have no objection for divorce, even in that situation will the lengthy court proceeding for proving the grounds(which are false) and cross-checking happen?

Yes.

  1. How long it may take to get divorce?Both of us are young.

there is no fix time frame.

 
Reply   
 

Thanks Amit for your reply.I have a few more queries.

  1. Is there any chance that on the 2nd hearing her lawyer state that since I have no objection to divorce they don't want to go on with proving the ground ?Thus ensuring the speedy process. OR
  2. Will the judge dismiss the case saying that the case was filed in 'collusion with the respondent'?(Forgive me if my legal term is not correct,I read about this in this forum)

My lawyer told me no.1 may happen but I am afraid the no.2 will happen.Please correct me.

            It would have been easier if the court after knowing that both the parties want divorce, grants divorce,even in a contested divorce. 

            Forgive me saying this but my wife if really wants divorce its foolish on her part of not signing the MCD.I know for sure they are already looking for a boy for her!!!

            Don't know what life has in store for me.

 

Regards,

 

Heartbroken

 
Reply   
 
Legal Evangelist - TRIPAKSHA

I am not surpised. It happens all the time.

 

both parties want the decision to be in their favor.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

Total likes : 1 times

 
Reply   
 

Thanks Shonee Kapoor for your reply.

both parties want the decision to be in their favor.

Here,both of us want divorce.It will be in the favour of both of us.

 

However,what is your opinion on the 5 questions I raised in this thread ?

 

Regards,

 

Heartborken

 
Reply   
 
Senior Partner

@ Author



My inputs to your brief believable brief starts after Shonee's crisp quote "both parties want the decision to be in their favor....





See everything is all right in your believable brief so far as “sentiments and emotions" of parties (read as to be YOUNG COUPLES drifting thoughts herein) are concerned BUT I repeat BUT irrespective if alleged charges (facts) are false and/or true, my only question is "have you both discussed on alimony and or per month maint. in lieu of alimony' to part amicably under MCD ????





BTW, MCD works so called in favor of husband in following conditions;



1.  If he has taken good class of his errant wife by perusing counter cases including TEP and or RTI and or pressed too the point choke-block litigation and made her come to table as per his conditions.

OR





2. If he has given incentive of one time and or per month alimony and or maint. to his errant wife to seek his freedom via MCD route.



and the bolt out of the blue variant as in 2012 Nano LX is





3. A Divine intervention wherein a young wife is in hurry to peruse her career (read as going overseas all of a sudden) and or has found her next prince and wants to get express riddance of YOU.





I have not come across during practice any other forth variant and if there is one then educate me too.





Now coming back to your meter gauge marriage track I see all and or either one variant missing so CCD gyan here is to work on fulfilling atleast one from above three variant and MCD is all yours for your so called sound peace meal and professional persons (either parties advocate on record) have not much of a say in between matters of two young couples other than passing hints on how to seek your freedom.

 




Total likes : 2 times

 
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@ Tajobsindia,

Thank you very much for your detailed,analytical AND witty comments.

 

have you both discussed on alimony and or per month maint. in lieu of alimony' to part amicably under MCD ????

 

            Well you see every time she asked me for divorce she always told me she doesn't want anything,money that is.All her ornaments and you know the gifts both given by her parents as well as by my mother and me were already taken away.At present she working.When my in-laws called for MCD(Yes,they first wanted an MCD and then out of the blue filed this case),I asked straigtforwardly what their demands were.They told me they wanted nothing. 

  

              I am waiting for their reply on the 2nd hearing.Would you be kind enough to answer these questions:

 

 

  1. Is there any chance that on the 2nd hearing her lawyer state that since I have no objection to divorce they don't want to go on with proving the ground ?Thus ensuring the speedy process. OR
  2. Will the judge dismiss the case saying that the case was filed in 'collusion with the respondent'?(Forgive me if my legal term is not correct,I read about this in this forum)My lawyer told me no.1 may happen but I am afraid the no.2 will happen.Please correct me.

 

Regards,

 

Heartbroken

 
Reply   
 
Legal Evangelist - TRIPAKSHA

You are anyways giving no objection to divorce petition, hence the divorce would happen. But the court would still ask her to lead evidence and the case would be further dragged. Regards, Shonee Kapoor harassed.by.498a@gmail.com

Total likes : 1 times

 
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