Mcd complication

Find out the real reason which is holding her back to appear in first motion. If it is genuine, get up yourself to address it.  Otherwise, it is a ploy to extract any amount and you are not willing to give it, then forget MCD and go for contested divorce.  If you think that by serving court notice on her, you would get her presence and consent, you are living in a dreamy world.

Prabhakar - Advocate

(M)9958670740

Legal Aid panelist - Family Law-Central Delhi (Tis Hazari)

Thanks a lot Prabhakar Sir. 

Wait till the next motion and react

Dear Sainath Sir,

Thanks for your advise. I will wait until the second motion and discuss with them if they dont turn up for the 2nd motion. It would not be good if I show my eagerness at any point, specially now when the MCD is already filed, to get this closed through MCD. 

Regards,

LL

Dear Experts My McD terms were 1. Gold exchange in first motion 2. Wife gives statement in court that she would take the FIR u/s 323/341. 3. I will give her agreed amount through DD in court in second motion First motion was last month but she did not turn up citing fever as the reason. Today my FIL called and told that my wife will give the statement for taking the FIR back only in second motion. I tstood on my position that FIR should be closed before second motion but he didn't agree and threatened me if filing cases. My sfirst motion date is in few days. Please advise.

This people will make you bend and budge in. You can tell them to file as many cases as possible and roam around courts. I suggest better give both Gold and Amount after second motion.

Thanks Superhero. 

Please could you advise on below :

1. It's been more than 1 year that we are living separate and the date of separation is also mentioend in the MCD petition so I suppose she cannot press DV case. Can she? 

2. It all depends on merit however just curious to know it will weaken their 498 complaint to any extent, if they choose to file, after filing MCD?  

Thanks in advance,

LL

Dear Experts,

Please could you advise.

 

Regards,

LL

Don't worry my friend they will not file DV and 498a after filing for MCD. That is my observation..

498 A and DV cases canbe filed even after divorce,there is no limitation for that.If she wants to back out of MCD,she can resort to other missiles,hence don't be complacent.

Dear Superhero and Sainath Sir

Thanks to both of you for your advises. 

I am surprised to learn that she can file false cases even after agreeing to terms and pushing me for filing MCD and now asking for changing the terms. Maybe that's the advantage that our legal system has given to women.  

Please could you help with my queries :

1. Would it be a good idea to hand over her 50% amount and getting the statement recorded to take the FIR (u/s 323/341) back in first motion and closure of the same before 2nd motion;

2.  They are asking that they want the statement recorded for taking the FIR back only in second motion. If i agree to that what are the negatives?

3. What if Police file chargesheet for the false FIR (u/s  323/341) before or after the first motion?  

4. For filing false 498A and DV, do they need to withdraw MCD first?

5. In case they file false 498A and DV, won't it be considered an afterthought. If it is considered an afterthought, what might be police's action? 

6. OUR lawyer (we have hired a single advocate that seems to a mistake now) also suggesting me to agree for getting the their statement recorded in the second motion.  

7. Can I request court that I would give the agreed amount to court in form of DD at the second motion and the same can be given to my estranged wife on closre of FIR?

Thanks in advance

LL 

 

 

Dear Experts,

please advise on my queries above.

Regards,

LL

 

Dear Experts,

please could you advise on my queries raised. It would help me moving forward. I am appending the same below again. 

1. Would it be a good idea to hand over her 50% amount and getting the statement recorded to take the FIR (u/s 323/341) back in first motion and closure of the same before 2nd motion;

2.  They are asking that they want the statement recorded for taking the FIR back only in second motion. If i agree to that what are the negatives?

3. What if Police file chargesheet for the false FIR (u/s  323/341) before or after the first motion?  

4. For filing false 498A and DV, do they need to withdraw MCD first?

5. In case they file false 498A and DV, won't it be considered an afterthought. If it is considered an afterthought, what might be police's action? 

6. OUR lawyer (we have hired a single advocate that seems to a mistake now) also suggesting me to agree for getting the their statement recorded in the second motion.  

7. Can I request court that I would give the agreed amount to court in form of DD at the second motion and the same can be given to my estranged wife on closre of FIR?

 

Regards, LL

@Law_Learner - Please consult a Local Lawyer in your locality. Every Lawyer is different and handles the case based on his experience. Wish You Good Luck.

If you trust them give 25% payment in first motion, then notify will give rest after second motion.

See to my understanding - may be it is wrong.

498a is a criminal case filed on husband and his family for dowry harrasment. 

MCD is a mutual consent divorce filed under family courts, so both are entirely different.

Yes you can request in court to hand over the DD and let the judge hand over it. 

Please go through LCI, there are similar cases like yours and see the responses.

Do your home work. Wish You Good Luck...