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Aryan Renaisaance (Fighter)     05 January 2016

Any Experts: withdrawal of consent in mcd, foolproof draft

Experts,

 

I am heading for MCD but I want to be sure that even if she retracts later the conditions in the draft don't allow her to. I had some of her money too which wasn't dowry which i am returning. Can anyone please verify that these conditions would help if she withdraws consent later?

 

1. The consent is free from any duress, force.

2. The money owned will be given at first motion and the wife cannot claim any more going further

3. That she will not file any cases further and will cooperate in quashing 498a

4. That they have not lived together from the day of mariage itself due to difference in tastes, likes, dislikes, opinions.

These are main conditionas. Many people say don't give her money but i found some judgements stating that if she has tken money, she cannot withdraw consent. 

https://timesofindia.indiatimes.com/city/jaipur/After-filing-mutual-divorce-petition-wife-can-not-withdraw-and-ask-for-more-money-HC/articleshow/13877189.cms

 

There are judgements for and against - court granting judgemnets even if consent is withdrawn. I haven't lived a single day with her , have no kids, had no relationship. Do i have a chance that if in second motion she withdraws consent I can still get decree on these ground and also i can approach Supreme Court which has power under Article 142 to grant decree,

 

 
 


Learning

 1 Replies

vishak (manager)     05 January 2016

Dear

I am also on the same platform. and am planning to file MCD and pay part of agreed amount advance. This may help if she denies later as per HC judgement.

 


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