Mutual consent divorce


Sir/ Madam,

I want to know that if petition for MCD is filed in the family court but after 6 months girl don't  come to court, then can boy go to Supreme Court and plead for MCD,under Section 142 of constitution. I would like to say that so far no case is registered against me. What would be the situation if girl refuses to give divorce in Supreme court?

 

Regards,

Kush

 
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Senior Partner

1. Pray to Lord Hanuman read with wait for her Excellency to appear. May be finality for her second marriage is yet not fixed!. The moment that comes through she will appear. So on so forth……..
2. The cooling period for MCD is minimum 6 months and maximum 18 months. She ought to come before ending of 18th. month for sure. Consent of both parties should exist for second motion.
3. If no materials (money) exchanged at the time of first motion and during thereto then do not hurry up.  The only loss is your peace of mind and in plain vanilla mutual divorce instances that is better than having no peace. Manage somehow your about to be single status in the meantime…..
4. Hon’ble SC will not entertain your cries at such early stage in reference to plain context of your thread post.

 
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Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)

Under Art. 142 the Supreme Court has the overiding power to do complete justice notwithstanding any law or rule to the contrary. This extraordinary power is used in extraordinary cases by the SC. The divorce so granted is not MCD but a divorce on ground of irretrievable breakdown. As given in Bhagat v. Bhagat (1994), Neelu Kohli v. Naveen Kohli (2006) and finally in Anil kr. Maya Jain. Even if wife refuses the court has power to do it. Whether the SC is likely to do it can only be said after examining the facts and circumstances of your case in all possible details. 


Good Luck !


Bharat Chugh

Advocate Supreme Court

 
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Sir,

We are insisting that we will give money only after 6 months. But they are insisting to give money before that and also outside the court? What is your suggestion about this and how to handle this situation?

 
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Senior Partner

 Two opinions and out of them one is more suitable to generic husbands - which one you tell yourself !

ONE – Pay by cheque agreed amount and once cheque credits wait for 6 months to be over and keep pestering her for joining for second motion till 18 months. If she does not come by 17th. month then approach State’s HC and there you will get Justice (means you will get Divorce decree as residing is not appreciated by State’s HC when one party has fulfilled his obligation part). This involves getting high blood pressure for 17-18 months and huge money spent on HC’s lawyers legal fees as extra outflow.

TWO – Put all give and take as usual in a MoU /Agreement along with deposit a DD of agreed amount throwing in interest of 6 months too into it and deposit it in file of MCD First motion “subject to handing over by Court when Decree sheet prepared”. In this option she is bound to pester you just 2 weeks before 6 month about to finish to seek your presence for second motion. Also the money as per once state of mind is actually given before first motion only thing is it is annexed in a File and for the same her side cannot complain about your honesty
J
  

 


For "outside court - lollipops" tell her "why we need decree in divorce; you go your way I go my way" Otherwise it is all game of who wants divorce desperately.


 

 

 
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F&B Secretary

hi....i would like to know one concern that if a husband opts for a divorce and the wife demands lumpsum money, share in property and monthly amount for expenses. is this demand for property valid in such case???

 

Kindly revert.

 

thanks

 
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