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CommonMann (Software Professional)     11 November 2010

Can judge give X-Party in MCD

Husband and wife both filed MCD. 2nd motion date which occurs after 6 motnhs is adjourned due to Judge was not present. Now judge will give another date as per his convinience. Now other party is asking for expenses incurred by them on drafts encashment and there travel. Other party is the wife's party and they are asking for near about 10k expenses they need more from husband. Otherwise they will not come for next hearing date given by judge. So the quaeston over here is will husband get X-Party divorce in next hearing. If not then how long this MCD case can be prolonged and what will be the end result in case wife is not appearing in court.



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 7 Replies

Dharmesh Manjeshwar (Advocate/Lawyer)     11 November 2010

No .... there will be no ex-parte divorce decree in a MCD petition ......... Both parties have to be before the Court compulsorily .... If any of them fail to do so ......... some opportunity will be given by the Court and if the parties fail to appear ....... the MCD petition is bound to be dismissed.

CommonMann (Software Professional)     12 November 2010

Thanks Dharmesh Ji. So in the case of MCD petition get dismissed, will the judge order to return the money back to husband which wife has accepted in the form of DD and its mentioned in MCD.

CommonMann (Software Professional)     15 November 2010

Any expert comments on the above query please?

CommonMann (Software Professional)     17 November 2010

Any comments please.

Jamai Of Law (propra)     17 November 2010

Had you mentioned it that way that "money be returned back to husband by wife should wife fail to give consent and for whatsoever reasons the 2nd motion of MCD does not succeed"

 

Otherwise you need to file another/a new case for recovery of money...and fight it on merits therein.

 

The way banks fight for recovery of debt..spend a lot on litigation...and then write off partially and settle...in many cases...

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     18 November 2010

 

 

 

IN case they do not appear on the next date and case is discmissed you must get your money back you should consulkt good advocate and file case for fraud and recovery against them.

 

I have certain suggestions to preserve families and to save them:

·          No maintenance till guilty is proved and if husband is ready to reconcile and bear all the expenses of wife and children if she re-joins him.

·          No maintenance  and alimony in the 2nd marriage if she has got it in the first divorce.

·          No maintenance if she can maintain her or her parents can maintain her and if husband is ready to take her back.

·          Compulsory mediation for avoiding long legal battle.

·          Law should be such that both husband and wife try to reconcile .

·          Law should not be favoring anyone to ensure that marriages are saved.

Domestic Violence complaint/FIR must not be registered after 24 hours of alleged incidence as today girls and their families tries to black mail the husband and his family to agree to their demands and if not agreed then they file the case after even many years.

CommonMann (Software Professional)     19 November 2010

Thanks everyone for your comments.


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