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gee (off)     02 November 2010

MCD-sec 13 B-Hindu Marriage-Reasons necessary in Petition?

Hi all,

What are the basic rules to be followed in MCD while preparing the petition when the girls advoate plays the role for both the sides?  Any precautions?

Could u pl. clarify that "Is it necessary to mention / highlight the reasons in MUTUAL CONSENT DIVORCE under sec-13B Hindu Act?"  Will the Hon'ble judge allows the petition with the list of reasons .  What the act says, pl.?



Learning

 8 Replies

CommonMann (Software Professional)     02 November 2010

For many of the MCDs lawyers have there fix format. No matter whatever reason they put, you just take care if you are paying some amount as full and final settlement as lifetime alimony, give it in the form of DD. Mention DD amount and number in that petition. Also make payment partly in 2 installments. Like say you are paying 4 lakhs as alimony. Than mention in Petition that 2 lakhs DD is given at the time of 1st motion that is when filing case and you will pay  2 lakhs in form of DD after 2nd motion ie after 6 months.

Roshni B.. (For justice and dignity)     02 November 2010

i think the reasons like cruelty,desertion,etc wont be mentioned.....because it's to be shown that the divorce is being sought by one's consent without any coercion,influence etc and that the cases b/w both parties are being amicably settled.

if u feel the girl's adv. writes anything which can turn against you,dont sign it till the conditions are mutually favourable to both of you.

why dont u have ur own advocate?if u cant afford,better to show the petition to a good advocate who can guide you which points are unfavourable.then only u sign.

afterwards u may proceed in court even in absence of a lawyer representing u.

gee (off)     02 November 2010

I will ma'm, but before approaching the counsel I must do my home-work naa.  Eventhough there was no consummation between both of us, her advocate is listing in MCD that "marriage was consumed and no issues are born" & "stayed together" etc eventhough we did not lived together for a single day. The girl side, they are behaving very cruelly..

Arup (UNEMPLOYED)     02 November 2010

no grounds required for mcd.

diffrence of opinion sufficient.

chanakyam (Consultant)     02 November 2010

What is the problem if they put, marriage is consumated... i think it does not harm you. If you think, there is some hidden problem in it, tell them to exclude it as its false and then only sign the petition.

Avnish Kaur (Consultant)     03 November 2010

U NEED TO HAVE AN ADV even for mutual consent two adv are required legally as well as for protection of rights of both parties. hire an independent adv of ur choice to represent you.

Avnish Kaur (Consultant)     03 November 2010

read interests instead of rights above.

Avnish Kaur (Consultant)     03 November 2010

read interests instead of rights above.


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