Need help : mcd - consent withdraw - contested divorce


Thanks to this community for providing helpful knowledge/directions/suggestion to everyone in need.

Background

I am from Nagpur and salaried employee in pune, Married in 2007 at pune near wife location. Found out that wife is having affair, from her mobile conversation with her paramour in 2011. Since then, she is staying at her parents house. Mediators intervened in 2015 and filed jointly for MCD in Nagpur family court, however wife did not turn for 1st motion date and finally the application was disposed.

She approached me in June 2018, and we filled again for MCD at Nagpur family court in Feb 2019, She came for 1st motion and also attended consoling in March. The 2nd motion date is end of Oct 2019. I received message via mediator that she has sent consent withdrawal letter to court around a month back and has informed to pay her 50 lacs and half property if I want her to come and sign. I am against paying her anything and also this amount is so huge that its just not possible even after selling everything I own. They are not ready for anything less and have asked to proceed with court proceedings.

Imp points in MCD -

1. No complaints with each other

2. All her jewelry, etc. is with her

3. She stays with her parents due to frequent quarrel between us from 2011

4. Have given up all her rights to claims & alimony 

 

Current thought -

I am planning to convert the MCD in contested divorce under cruelty and desertion 13(1)(ib).

 

Kindly suggest/help me -

1. Are there any other options better than going for contested divorce under 13(1)(ib) in my situation ?

2. Would it be good idea to use her mobile conversation in contest divorce and at what stage it would make big impact, my guess during cross ?

3. Points that I need to be careful or missing ?

4. Any guidelines for lowering maintenance, like resigning job, transferring farming lands, etc.

 
Reply   
 

Sorry for messing up with fonts, I am not able to change the fonts. Moderators, if you can please remove my 1st post.

Thanks to this community for providing helpful knowledge/directions/suggestion to everyone in need.

Background

I am from Nagpur and salaried employee in pune, Married in 2007 at pune near wife location. Found out that wife is having affair, from her mobile conversation with her paramour in 2011. Since then, she is staying at her parents house. Mediators intervened in 2015 and filed jointly for MCD in Nagpur family court, however wife did not turn for 1st motion date and finally the application was disposed.

She approached me in June 2018, and we filled again for MCD at Nagpur family court in Feb 2019, She came for 1st motion and also attended consoling in March. The 2nd motion date is end of Oct 2019. I received message via mediator that she has sent consent withdrawal letter to court around a month back and has informed to pay her 50 lacs and half property if I want her to come and sign. I am against paying her anything and also this amount is so huge that its just not possible even after selling everything I own. They are not ready for anything less and have asked to proceed with court proceedings.

Imp points in MCD -

1. No complaints with each other

2. All her jewelry, etc. is with her

3. She stays with her parents due to frequent quarrel between us from 2011

4. Have given up all her rights to claims & alimony 

 

Current thought -

I am planning to convert the MCD in contested divorce under cruelty and desertion 13(1)(ib).

 

Kindly suggest/help me -

1. Are there any other options better than going for contested divorce under 13(1)(ib) in my situation ?

2. Would it be good idea to use her mobile conversation in contest divorce and at what stage it would make big impact, my guess during cross ?

3. Points that I need to be careful or missing ?

4. Any guidelines for lowering maintenance, like resigning job, transferring farming lands, etc.

 
Reply   
 


Retired employee.

Think practically, as forum guidance is not a proper course in taking up serious issues that require study and consideration of many facts and evidence.  Trust a sincere advocate and act as per his guidance.


Total likes : 1 times

 
Reply   
 

Kindly suggest/help me -

1. Are there any other options better than going for contested divorce under 13(1)(ib) in my situation ? NO

2. Would it be good idea to use her mobile conversation in contest divorce and at what stage it would make big impact, my guess during cross ? DURING CROSS. 

3. Points that I need to be careful or missing ? If she is asking for money and half property against MCD. Keep that writing paper in your custory and produce it when you go for contested divorce. Produce all her mobile conversation. If her adultury is proved. No need to give a single pai to her.

4. Any guidelines for lowering maintenance, like resigning job, transferring farming lands, etc. No

 

 
Reply   
 

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