Wife not agreeing after filing mcd


We filled for MCD in Feb 2013. We had our 2nd Motion in August this year. However during the 2nd motion, my wife said that she is not sure about divorce and want to take more time to think about it. I said that I am very clear on getting it but the judge told that consensus of both is required and gave a next date which is a month later for her to think about it.

My question is

1) What could I do in case of these harressment techniques adopted by her. could she still file DV or any other case agaist me to harress further. Although in the agreement for MCD we have mentioned that we wont file any such case.  We have been living seperately for more than 18 months now.

2) What would happen if she refuses again in the next motion. Would the judge quash the appeal since the other party is not ready? What options do I have in that case.

3) I have given her half of the permanent alimony. The other half was due after the divorce. Could I ask it back?

Any guidance would be helpful.

 
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Social activist and ESIS Legal Consultant (everysufferer isasaviour@gmail.com)

You are in sept 2013............? so,how come in august?


For your queries:

1. Quiting second motion is not a case,she has very much right to express her second motion with or without your favour.


2. You have done a very wrong move by paying half alimony earlier to final motion.


3. If she is not ready to give MCD nor amount which you have paid then go for contested divorce,attaching the MOU prior to first motion and the transaction of amount which has been transfered.Hire a gud divorce lawyer to plead your case against mental cruelity done by your wife.


4. The amount which you have paid must be adjusted in sec 25 HMA.

 

5. If you will fear from false cases then go and sit at your wifes feet or else be bold and fight for your freedom.

 

regards,

A sufferer..

 
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Senior Partner

 

Originally posted by : Pareshan Pati

 

XXX

My question is

1. What could I do in case of these harressment techniques adopted by her. could she still file DV or any other case agaist me to harress further. Although in the agreement for MCD we have mentioned that we wont file any such case.  We have been living seperately for more than 18 months now.
Take:
She can be given re-think option till 18 months as per Law. On completion of 18 months you will get Divorce in MCD by approaching HC if she still does not join and gives her 'consent' for a simple material fact she has already taken the 'consideration' in 'contract' for MCD.

2. What would happen if she refuses again in the next motion. Would the judge quash the appeal since the other party is not ready? What options do I have in that case.
Take:
No, case cannot be dismissed for a simple reason as per ‘contract’ between you two you fulfilled your part by giving her half of consideration and she accepted it and encashed the same. Now she has only right to re-think till 18 months and can’t ‘resile’ on completion of 18 months. Almost all HC’s in India come heavily on such events and grants divorce hence ask your Advocate meanwhile to search your State’s HC Judgment in similar facts to prepare in advance.

3. I have given her half of the permanent alimony. The other half was due after the divorce. Could I ask it back?
Take:
No need to seek its return as you can always challenge her refusal in State’s HC based on her receiving / accepting half amount. You should not file divorce.

Generic addendum:
Till next date of hearing / 18 months from date of first motion allowing (which ever is later) she cannot file any civil / criminal case against you as same is bound by MoU terms and condition by parties so relax till that time and send positive vibes to her environs.

 

 

 
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fabulous guidance given by Tajobsindia sir. You did your part honestly. Now its her turn. Max 18 months now to get your divorce decree.
 
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