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amit8 (abcdef)     19 February 2015

Mcd ,poa , 498a

Q1 can a poa file mcd application on my behalf if I stay out side of india, Does the poa need to be a relative , or can friend be poa ? The case is in Gujarat . Q2 There is 498a private complaint file which is at argument stage , charges not yet framed . can this case be withdrawn after MCD filing or should it be before mcd filing ? Q3 if the agreed amount of MOU , is deposited in court then is there any pursis to be given by me , that I have no objection that the court can give her the money at the time of divorce decree be given . if so , when is this pursis to be given ? Q4


 8 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     19 February 2015

For submission of MCD both the husband and wife must present in the court. No POA. You both have to agree through writing on M.O.U. for withdraw the case. You can pay the amount to other party and obtain their consent in M.O.U.  and submit the same in the family court along with MCD.

amit8 (abcdef)     19 February 2015


At what stage should  the 498a case be withdrawn?

before filing 13b or after filing?

will the contents of mou and 13b be same? I am being told that money should be deposited in court.

can anyone send me a copy of 13b application where the 498a case and DV act cases have to be nullified

thank you

T. Kalaiselvan, Advocate (Advocate)     21 February 2015

See basically the MCD cannot be moved through a POA, both the parties consenting to the dissolution of marriage are to be present before the court to file the same.  The 498a case cannot be withdrawn at whims and fancies of the parties, the procedure meant for it has to observed.  Again it is an understanding arrived between both about when the steps for disposing the pending 498a case is to be taken whether before the filing of MCD or after that but before the second motion, this is applicable for the agreed one time payment too.  There is nothing wrong in settling the amount at the time of pronouncement of decree of divorce, and it will be safe too.  Take the advise of your lawyer on further issues.

CompelledToLearnLaw (Financial Examiner)     21 February 2015

Yes, in Delhi and Gujarat at least, it is possible to go through MCD with POA and also MCD with video conferencing is possible too although all courts may not have the facility for video conferencing. See:

Also see:


Since u r from Gujarat. See:


Also see:


U should still research more on the subject. 


amit8 (abcdef)     21 February 2015

What is the evidence stage or pursis? If the mcd get files after a few months before second motion ,is there any evidence stage that I am required to come ? Also the poa filing mcd is not clear ,different views . What is the way to withdraw 498a private complaint? What is recovery application in DV act? Do I have to pay maintenance before recovery notice reaches me?

CompelledToLearnLaw (Financial Examiner)     21 February 2015

I am  a nri staying outside india, My wife has filed a  498a case about 4 years ago and the case has not moved ahead”



Amit, brother, above is ur quote from one year ago. Which means 498a was filed 5 year ago. So what have u learned so far? Brother, u have the internet at ur disposal. Pls learn something.


People should not blame their lawyer for not representing them like a king: u do not want to pay ur lawyers enough so that they can make their living from just one client but u want them to devote all of their time to ur case. A lawyer may need over 20 clients to make a good living. So I do not blame them when they don't guide u properly. In this day and age, an educated person should be a 50/50 partner with his lawyer. Try to be more than 50/50. Gather information from all possible sources and confirm it and then discuss how to proceed with ur lawyer. In my opinion, a lawyer can guide u around the court and it's procedures but the lawyer cannot spoon feed u or learn every detail about ur case or the laws and the judgments that apply to ur case. Because ur lawyer needs to feed his family by looking after other clients whose cases have nothing to do with MCD or 498a.


Above is just my own opinion. You may not agree with me because you and I have nothing in common: I would never agree to an MCD where I'm being blackmailed for money. If I were u, I would've landed in India five years ago, knowing full well the risks of judicial custody. And believe me, the dog bites only those who run away or lie asleep. The canine needs a worthy opponent to turn the bark into a painful cry.

amit8 (abcdef)     22 February 2015

Hope to get some answers . Q .What is the evidence stage or pursis during MCD ? Q.If the mcd get filed, after a few months(3-4) before second motion ,is there any evidence stage that I am required to come ? To give my statement that o have objection that the court can pay the money once the cases are withdrawn and divorce is done. Also the poa filing mcd is not clear ,different views . Q.What is the way to withdraw 498a private complaint ? Q.What is recovery application in DV act? Do I have to pay maintenance before recovery notice reaches me?

Suneet Gupta (     26 February 2015

The evidence stage of MCD is 6 months after filing of the Application. The Affidavit in Claim by both husband and wife have to be filed at that time. There can be a common Affidavit by both of them and can be the same as the MOU, but in affidavit format.

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