Vivek (employee) 04 January 2014

Divorce -mcd- help needed

Dear All,

I got married on sep 12. it was a love marriage, where the girl left her family in january 12. at that time she was having 60000 rs aprx in her account. we bought some household item togather. then she joined some private company for 5 month with 10000 monthly salary. we got our marriage done by arya samaj and got the marriage certificate. on our first aniversary my family decided to gift us a plot, registry was made on my wife's name on 8th october 13. in the mean while my wife asked my permission to continue her study. i got her joined in M tech and paid 1st installment of rs 45000. later on she joined the same college as teaching assosiate in october 13.
during her job she started some sort of affair with one of the professor of the college. on 15 december when I checked her msgs I got to know about the affair (I am not sure if she had any physical relation with him). on the same day she left our house and gone to the professor house, since then she is living there.

Now after several try, she is not ready to come back and asking for divorce as soon as possible and at that day she was ready for MCD and to give back my property.

now as the days are passing , she is still ready for MCD but changing her mind to give me back my property, she is saying that first she need divorce then she will return my property ( property belongs to UP and we live in delhi)

Please suggest how should I proceed with divorce and property return.

my next query is, what if she says something wrong about me on the first motion in front of judges (will it effect me?)

what if , she asks for maintainence? she is still continuing her job and I lost my job because of this affair drama. I have my termination letter with me.

as she was having 60000rs in her account and for some reason if I consider her salary it will not cross 1.5 lacs (without deducting her daily expenses etc for these 2 years) altough the property she is having is of 4 lacs .

please suggest how should I go ahead as I want my property back and want the divorce peacefully.....

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7 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 04 January 2014

ii) A flawlessly drafted MoU (Memorandum of Understanding) that settles the terms on which you part away, people don’t understand the importance of this, this is extremely important so as to end the matters with a finality once and for all, there are no loose ends and make sure there is no litigation in future;

Once the above is done – you have to get drafted the Divorce petition that encapsulates the contents of your earlier MoU.

Laxmi Kant Joshi (Advocate ) 04 January 2014

As you stated you want peaceful divorce and also wants back your property then you go for mcd and mentioned all the terms and condition in your mou that she will not file any maintenance case , dv case , dowery harassment case and other civil and criminal case against you in any court and she will not withdraw herself from MC D and also return your plot which is in her name to you and co-operate in doing mutation the same in your name etc........

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 04 January 2014

Dear Vivek

I completely agree with experts, MOU will be executed first

Vivek (employee) 06 January 2014

Dear All,

if any of you is having any format of MOU for my kind of case .

where should i do the process of completing MOU. in the court or notary public???

and where should i mention the details of MOU in my divorce petition.

please reply.....

K*I*L*L*E*R (tech) 06 January 2014

Vivek when ur going to apply for mcd ist possible to contact u as I also planning to apply for mcd in next month

Adv. Chandrasekhar (Advocate) 07 January 2014

1. There is no prescribed proforma for MOU.

2. In your MOU, if she does not have any objection, get it clearly mentioned that the plot was given by her inlaws from their own source of money and she would be willing to give it back to them after the divorce decree is granted by Mutual Consent.

3. The MOU can be signed by both of you in the presence of two witnesses (chose your friends/relatives, if possible, as witnesses). It can be on the Rs.50/-- stamp paper and notorized. If it is not so, even then its value will not be less.

4. Immediately, on the next day itself, move MCD petition before the court. This MCD petition will have the above said MOU as annexure. She may say something against you in the court on the date of first motion is unfounded.