Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

DEEPAK MISHRA (assistant Professor)     26 October 2013

Can appeal be made against mcd?

Dear Sir,

My lawyer is saying that no appeal can be made against MCD. Please clarify it.



Learning

 5 Replies

Shantanu Wavhal (Worker)     26 October 2013

why do u want to appeal the decree that is passed with your consent ?

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     26 October 2013

No appeal will take place in case of M.C.D.

1 Like

DEEPAK MISHRA (assistant Professor)     26 October 2013

I am asking it because i am in doubt that

wife will appeal after receiving money. (this case will be lodged in civil court as there is no family court in my district)

but now it is clear that no appeal can be made,i feel relax.

Thanks to all for ur valuable suggestions.

RAJESH KHANNA mob 09780573241 (AS PRATICE LAWYER AT LUDHIANA)     26 October 2013

No appeal will take place in case of M.C.D.

Samir N (General Queries) (Business)     26 October 2013

I AM NOT AN ADVOCATE, but...

All of the responses above which are given in the form of answers are WRONG  because they do not take into consideration all factors and exceptions.  I have time and again asked advocates in this forum to provide disclaimers but they simply shoot out answers to impress others and in the process make buffoons of themselves.


To understand the remedies available, I am going to give you the common-sense interpretation of law on what a MCD is... Ultimately it is a legally binding settlement or a contract or an agreement with Court approval. You need to look at it from that point of view. Therefore, all the provisions available to overturn such a settlement, contract or agreement, if any, should apply to MCD. This means, one can allege that one consented to an MCD under undue influence, coercion, unstable mental health and other such factors. These need to be researched but the hurdle is not easy to surmount.


In favor of my argument, let me give you an example: Suppose the father-in-law comes with a gun and threatens to kill your parents if you do not consent to a MCD and afraid that some harm may come to your parents, you agree. After your parents die, will you not ask the Court to overturn that decree or seek some remedy as it was sought under coercion, undue influence, etc.? Yes or no?  It is easier for a woman to allege coercion than for a man. Fresh proceedings may have to be filed to overturn the MCD in the trial court itself. 


I given my own disclaimer here that I am not an advocate and you need to research this issue thoroughly and that you do not rely on the advocates who have responded.



Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register