cpc

closed/post mcd - what precautions needs to be taken?

Manager

I have taken the following Paras from Tajobs and I do have few questions. 

During MCD the Girl agreed for no alimony and no maintenance. That was not mentioned in decree.

After MCD(the decree has been approved by Court) can the Wife go to Court to claim any maintenance or alimony? 

What precautions needs to be taken, so that in future no problem arises?

 

8. Closed MCD can be challenged under fraud and duress grounds at any time even post 90 days appeal period with condonation of delay. It can also be challenged at the time if signature of presiding Judge not affixed just after orally announcing MCD of parties. Also one party can withdraw consent anytime between 6 months and before 18 months too. In once case SC allowed consent withdrawl of one party even after 2 years.
9. Post MCD it can be opened up on larger public interest policies inspit earlier giving up civil / criminal maintenence right sby wife too such as ex wife remains un-married and finding it difficult to sustain herself monetarily, on grounds of rights of residence unless she has specifically given that up by her statement during MCD proceedings, she may need medical attention being living a life that of un-married, she may need to look after her widow mother and cost of liv9ing / inflation and also under change of circumstances of children whom she is custody holder etc. Lots of Courts have opened closed MCD cases and it is not that such re-openning are unheard of but needs solid good grounds and may or may not happen in presented facts but informed in generic here.

 
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