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Vikram   21 July 2015

Mcd disposed in second motion on her oral words

Hello All,
 
Please suggest me MCD was filed on 19th Jan 2015 1st motion completed successfully.  Yesrerday was 2nd motion of mutual divorce we have submitted affidavit together and mentioned we want divorce and its our final decision and we submitted it in court but when we reached in front of judge she took U turn.... and she said i dont want divorce.  So Judge disposed our MCD petition without giving next date and without gving time, judge also asked the question to her (why u submitted Affidavit in 2nd motion) but she was unable to give answer please suggest what can be done I know she is doing only to harass me there no battle about money or anything else and its mention in MCD petitiion
 
Please suggest


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 10 Replies

saravanan s (legal advisor)     21 July 2015

try to know why she does so.either it must be to harass you as you had said or she wants to live with you.

usually the time for second motion extends to 18 months from the time of filing petition (not sure whether its applicable in this scenario as wife had plainly refused to divorce you).wait for other experts opinion

once after you are certain about the reasons if she is doing so to extort money or threaten you i hope this link will be useful

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

Prasad (Systems Engineer)     21 July 2015

Vikram...

 

What she has done is absolute harassement and nothing else.

 

If she did not mean to harass you, she would have made you know the reasons.

 

Women can do these kind of harassments to men without any guilt feeling. 

 

She is getting on your nerves. 

 

She will feel so much happier if you get upset, anxious and disturbed.

 

The best option here is to stay with absolute calmness and your wife should know that you are absolutely undisturbed by her action.

 

Then keep assessing her next moves.

 

Vikram   21 July 2015

Is there any Judgement related to my matter ?

Adv k . mahesh (advocate)     21 July 2015

in second motion a affidavit in chief has to be filed and signed by both the parties and presence of both is required

in your case you have mentioned she has given her consent for divorce but orally she rejected for divorce means what is in the order to be seen because second presence is only a formal but once you file the affidavit in chief means jointly agreed for divorce

so first take the judgement copy and show to your lawyer and proceed accordingly

Vikram   21 July 2015

Can any buddy help me to find Judgement related to my matter ?

 

Adv. Chandrasekhar (Advocate)     21 July 2015

Your query is not complete.  First, in the first motion whether husband has given any substantial amount?  Second, in the second motion, whether the case has been dismissed or recorded her withdrawal of consent?  Give the exact wording at the time of second motion.  Lastly, there are citations, but you should ask your advocate to do research.

Vikram   21 July 2015

Dear Mr. CHandrashekhar, 

Please read last line of my query there no battle about money or anything else and its mention in MCD petitiion 

MCD was filed on 19th Jan 2015 1st motion completed successfully with all mention terms and conditions, so its cleared about 1st motion Now I am telling about 2nd motion Yesrerday was 2nd motion of mutual divorce I submitted my affidavit and mentioned I want divorce and its my final decision, same thing she also submit but when we enter in court room she took U turn in front of Judge.... and she said i dont want divorce. Judge asked question to her then why she submit affidavit, she was unable to answer, So Judge disposed our MCD petition.

Now Hope you understand my query

Adv. Chandrasekhar (Advocate)     21 July 2015

My dear sir,

I understood your question at the first instance itself.  I fear that you have not understood my response.  Again I try to put it clearly - 1. On 19.01.2015, when first motion was moved, whether husband had given any substantial amount  as per the terms and conditions of the mutual consent? (or otherwise, there was no such condition reached between the husband and wife that husband should pay so and so amount at the time of first motion).  2.  At the time of second motion, when she told that she did not want divorce, what are the exact words of the order dictated by the court?  It is very important to give you proper advice.

Vikram   21 July 2015

Dear Sir,

Condition was 1:- There is no dispute remains betwwen Petitioner no. 1 and 2 regarding the gift, ornament or other utensils of marriage or any sridhan

2:- she willfully relinquished her claim of maintence or compensatiion

Now she just said orally she dont want divorce even after submit the affidavit on 2nd motion

Adv. Chandrasekhar (Advocate)     21 July 2015

If in the first motion, no money was handed over by the husband to the wife, the wife has got every right in the world, to withdraw her consent in the second motion.  The cool-off period of six months is meant for this specific purpose only, to think it over. showing her consent in the affidavit shall not be binding on her and only thing that can bind her is only if she gives her consent on oath at the second motion before the court.  As she did not do so, you cannot force her to give consent before the judge as she signed the affidavit.  As the coo-off period is 18 months from the date of first motion, you try to negotiate with her again for her consent and find out the real reason for her refusal to give consent.  If it is money matter - then it is upto you either to accept or reject her condition.  If you reject, go for contested divorce, and there is no other option.


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