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CommonMann (Software Professional)     19 November 2010

MCD Decision

MCD 2nd motion is done succesfully. Both husband and wife given there consent for divorce. Now judge has given another date for decision. Want to know, is there any probability in this stage whether MCD petition get dismissed?


 10 Replies

adv. rajeev ( rajoo ) (practicing advocate)     19 November 2010

It depends on the judge. If judge is not satisfied it may be dismissed or satisfied it may allowed.

CommonMann (Software Professional)     19 November 2010

Thanks for your reply Rajeev ji. But since in 2nd motion husband and wife both agreed for separation and husbnad has paid lumpsum amount near about 10 lakhs for maintenance to wife and its mentioned in MCD petition, than what might be the confussion in the mind of judge to dismiss the petition. Can you please elaborate on this if possible. Thanks once agin for your help.

Jamai Of Law (propra)     19 November 2010

Adv rajeev ji is correct legally...............................


This is a cooling off period calm.................


He is saying you both gave two exams and now result is awaited.........Even though you both seem to have cracked both the exams.................... don't let any new trouble to appear and pray that there is no new trouble!!!...just simble as that......But very rare occurances of that!!!


.You are a lucky guy.......10lacs is recoverable and just write it off from your mind.............I would suggect that start going through the literature as to how to avoid previous mistakes and move on in life with new energy......


Pamper yourself to forget the past ..............but not before you get the decree and the post-decree-cooling period of 90 days (the caselaws are clumsy hence not 30 but 90 days) and part ways on good terms and good wishes (without overacting...if show yourself as dipped in sorrow's even premature jubiliation may create any new trouble)





CommonMann (Software Professional)     21 November 2010

Thanks JOL for your valuable suggestions!!!

manjit kalra (system eng)     21 November 2010

if mcd is granted is there an appeal period?

CommonMann (Software Professional)     22 November 2010

JOL has already mentioned its 90 days.

Avnish Kaur (Consultant)     22 November 2010

there is no appeal period against MCD if prayer is approved and it is obtained by lawful means.

CommonMann (Software Professional)     23 November 2010

Thanks Avnish Ji. So that means after getting decree Xhusband or Xwife can remarry immediately without waiting for 3 months. Thats great!!!

Ghajini (SSE)     23 November 2010

Yes no need to wait, divorce is valid from the date of order itself, three months comes into play only in Exparte (one sided) judgements

CommonMann (Software Professional)     23 November 2010

Judge is writing his judgement on 29th of Nov 2010. When can Decree be obtained from family court. Is it mandatory  to take Decree through Advocate or someone can directly go to family court and collect the Decree.

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