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Krishnaya vasudevaya (--)     28 March 2015

Forced mcd to withdraw petition to contested divorce

I was not allowed by my in laws to speak to my wife after she left my house in nov'14. We stayed together for a period of 22 months. Later she filed sec 125 case and I filed RCR from chennai. We decided to talk to them and find a way out. 

We initially decided to stay separately but she was not ready for any settlement except to get separated. I requested many time for a small discussion with my wife but everyone denied it. I was forced to fie MCD since she threatened to commit suicide. Second motion is due next month (no 6 months waiting period) since lawyer has filed a petition in supreme court to waive off the period.

1st hearing was on feb 9th - we both signed the papers in front of magistrate

2nd hearing in april 6th. 

How can the 2nd hearing be within 2 months. Does it mean that SC has agreed to waive of the cooling period. 


What are the legal options I have to fight the case? I am ready to face any circumstances and mental agony but I want to fight the case. I was not given time to express myself and not at all given any justice. If there is a need, I will also knock the door of SC to seek justice. 


If I don't appear next month, will the court postpone the hearing to the next date or the MCD petition will be cancelled. I want to file contested divorce case from chennai. 


Can I file the contested divorce on the grounds of mental cruelty, non-consuming of marriage, irretrievable breakdown of marriage on my wife even before MCD petition is dismissed or wait for the MCD to get dismissed and then file the case?


Please explain the correct process? 


How long the divorce case goes? If the husband says no for divorce, will the wife gets divorce exparte?


 4 Replies

sandykrish (Interested in Family LAW)     28 March 2015

Are you really mad to leave this wonderful opportunity of getting the MCD. Every body wants the MCD to be initiated so that can set free from abusive relationship. You're really a different kind of man who initiated MCD and wants to withdraw and apply contested divorce. Bottom line for both cases is divorce choose the easiest one man!!!! In case you wish to delay, my suggestion do not attend the 2nd motion. Court will not cancel it unless you specifically withdraw it, court has time until 18 months to take decision. Now meri sher, wait until she move the court for contested divorce, take a back seat and enjoy the roller coster and go to court gate 7--8 years and face false cases if applied.

Rahul (Service)     29 March 2015


What do you want - RCR or Divorce? 

If you want your wife back, pursue RCR mentioning facts of you caring for your wife and that you are being by your in laws to stay separately. Your wife may ask for divorce under pressure of parents, but court will also see that she is doing willingly or under pressure. If you draft your arguments praising your wife and accusing your in laws, then court will see the family reunion as a solution. If you blame your wife then wiffe will accuse you more and result will be divorce proceedings

If you really want a divorce, and want to go for contested divorce just because you want to put your facts, it is wasting time. You may be able to delay proceedings for years, but not gain anything yourself. Probably consolation may be that wife has not been able to remarry.

Join a Mens Rights Organisation such as Save India family foundation. You will be able to participate in campaigns against women bias

498aWinner (NA)     31 March 2015

Just go ahead with MCD and start a new life !! Dont waste your precious time in court halls. Dont miss the the opportunity of MCD if you really want to get out of the relationship

Saurav (Engineer)     05 April 2015

He is talking like a Kid.


He is saying that his wife is doing all this due to pressure?...........Really??????? Is she a KID???......Dosent she understand what is going on??????


Come on man, stop looking for reasons (Like blaming In-laws etc) and accept the reality........Your wife does not WANT YOU and wants to REMARRY ASAP.............Allow her that ...........You cannot force anyone to stay with you.


If you want to proceed with Contested Divorce...............ALL THE BEST.........But today I am giving you 100% guarantee that if you do not attend the MCD proceedings while your wife is desperate for a divorce it will only make matters of your personal relationship with her WORST and possibly kill all chances of reconciliation .........


I have seen couples reuniting after a Divorce...........


In reality, Divorce is a piece of paper...........What matters is the HEART.

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