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Ravi (a)     19 February 2021

Agreement breach

in presence of elders on both the sides, we all agreed for MCD with x amount of permanent alimony. her all time lawyer is asking half of alimony at the time of filing the MCD and later during evidence stage after 6 months. it means the lawyer wants to pocket this half but i said i cannot pay half but some amount to which they broke the agreement. all terms and conditions are written in regional in court stamp paper. kindly let me know if this breach is helpful in the current contested divorce proceedings. thank you...


 5 Replies

G.L.N. Prasad (Retired employee.)     20 February 2021

When the case is being handled by the advocate, who was instrumental in drafting such agreements, depending on those conditions, he can alone guide you in the matter.

Ravi (a)     20 February 2021

Thanks. Whats the use of this forum when every response is to meet your local lawyer?

G.L.N. Prasad (Retired employee.)     20 February 2021

Mr Ravi, please understand that the forum can only guide and offer first aid.  In case of agreements without studying the clauses / conditions and extent of material violations, it it not proper to expect precise guidance.  You have alleged that Advocate has pocketed amounts and the agreement was drafted by an advocate and another advocate is handling the issues., against these facts, experts dare not to advice you without knowing those facts.  

Ravi (a)     20 February 2021

Ok sir. This query may not be detailed. The following are the facts ...


1. X amount agreed as alimony and maintenance 

2. Dvc maintenance order will be cancelled by the wife and withdraw all pending cases

3. Similarly i will withdraw divorce case and other appeal cases.

My queries are as follows...

1. If we both file MCD by giving her half of alimony and after 6 months my wife doesnt turn up during evidence, what will happen to the MCD?

2. If mcd is rejected, will i loose half amount that i paid?

3. If divorce is rejected, what will happen to DVC order of monthly maintenance ?

4. When MCD is filed, should i keep the contested divorce open?

5. What cases can i file against wife if she takes half alimony and doesnot turn up to enable divorxe rejection?

I believe these are ordinary doubts. Kindly advice. Thanks in advance.....

P. Venu (Advocate)     21 February 2021

MCD is a process governed by law and its procedure. The agreement, as posted, is otside the scope of such legal provisions. Whatever be the terms, let it be a part of the pleadings/submissions before the Court.

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