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arunsrinivaas (pensioner)     05 June 2015

Dismissal of mcd

my  mutual divorce case filed on 4.10.2013. my uncle is the mediator as well as arranger of lawyer for both of us.

1.there is desertion between me and my cruel and cunning wife since october 1999 onwards. there is no speech between me and my arrogant wife.

2.my uncle only arranged for mcd between me and my cruel wife.

3.prior to filing of mcd at chennai family court, payment of one time permanent alimony to my bitter half through my uncle out of court which is 25 lakhs.

4.though she quoted in her affidavit that there is no chance of living together and she is ready for mutual consent divorce if i pay her 25 lakhs as one time permanent alimony and she will attend all court hearings for sanction of mcd decree, she attended only few hearings after receipt of permanent alimony

5.now she wrote on mcd petition that is 5.6.2015 that she does not want to  continue mcd petition and judge has dismissed my mcd petition even though i told about 15 years desertion and pay ment of one time permanent alimony of 25 lakhs out of court.

6.now what legal course is available to me is it contest case in family court based on cruelty by cheating wife or is it be beneficial to appeal in high court citing contempt of court, long year desertion, enjoyment of benefit of compromise namely payment of 25 lakhs (with 25 lakhs she bought one flat and enjoying benefit of compromise for two years and now backing out from mcd.

7.please guide me i am in dire need of divorce decree

 



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 1 Replies

saravanan s (legal advisor)     07 June 2015

https://timesofindia.indiatimes.com/city/jaipur/After-filing-mutual-divorce-petition-wife-can-not-withdraw-and-ask-for-more-money-HC/articleshow/13877189.cms


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