Prevent retraction in mcd


Hello Experts,

  Is there a clause or condition that we can put in a joint petition for MCD so as to prevent the other party from retracting or pulling out of MCD in the second motion of the proceedings? I want to avoid a situation where the other party denies getting into MCD.

Please advise.

 

 

 

 
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legal advisor

as such you cant add any clause compelling the other spouse that she/he must compulsorily attend the second motion in the mou that you file with the petition

 
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Systems Engineer

Nuvo... The very purpose of the second motion is to give a chance to both parties to either accept or reject the motion. So, you cannot add a clause to prevent it.

 

If you doubt the other party will harass you by retracting in second motion, do not waste time.

 

Withdraw MCD and file for divorce on appropriate grounds.

 

Make sure to put valid grouds and proof in the petition.

 

Let the time out kick in for contested divorce.

 

But divorce is absoultely not recoommded if you have kids.

 

 
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@Saravanan: If we can't addd any clause, other party attending the court proceed and retracting then will still be a problem. What if both parties to mutually agree on a clause for no retracting?  In that case, how should that clause be phrased.

 

@Prasad: Do you think bad or abusive marriage will do any good to the children? I need your thoughts on this.

 
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Systems Engineer

For a kid, their own parents are the best care takers. 

 

Marriage may be abusive between couples due to ego.

 

But there is not ego between a kid and its parents.

 
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Manager

It depends on the Marriage whether it is good for Kids or not.

Say for E.g everyday there is a fight between husband and wife then the Kid thinks Marriage is not good.

Another case would be if there is a Love Marriage and the couple are fighting due to EGO or Money issues then the Kids would think it is better not to go for Love Marriage.

There are cases where the Husband or Wife died unfortunately. The Single Parent focuses and works entire life for there Children.

If the Husband or Wife has an EMA, and if the Kids come to know then it would broke there Heart.

There are lot of permuations and combinations.

So it all depends each leaf is different in a tree.

 
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