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avniz aggarwal   28 March 2023

mutual consent second motion cancelled by judge

my sister and her husband filed for MCD, we didn't take single penny, and a baby girl is born from this marriage, child is living with my sister. during second motion he demanded to meet the child but my sister refused, and hon. Judge rejected the MCD aplication stating that, he want to meet child and she didn't want to meet her child to husband. we didn't file any dowry DV, maintaince etc. from him. he is unemployed men.
please suggest us what to do..
now the pain is unbearable


 11 Replies

Real Soul.... (LEGAL)     28 March 2023

She must file a regular divorce but the grounds of divorce should be prominent,

Since she want to get divorced she must pressurize her husband to give her divorce. If she was mentally or physically tortured she can file under DV act , and also maintenance . In maintenance may be he state that he is unemployed and that will be used against him for making divorce easy and the custody of  child also cannot be claimed by him.

T. Kalaiselvan, Advocate (Advocate)     28 March 2023

If the said condition i.e., visitation rights to visit the child was agreed in the MCD case and subsequently she is refusing to accept then the MCD is defective and not maintainable. 

Therefore she can file a contested divorce case on the grounds she may rely upon. 


1 Like

Shashi Dhara   28 March 2023

Drag for another one year .. File maintenance for both  petition u/s 125 of CRP c 

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     28 March 2023

A court can dismiss your mutual divorce petition if all issues regarding the child's wellbeing and custody are not sorted out. Contested divorce not proven: The Hindu Law has provided certain grounds for which a person can file for a divorce petition, even if their spouse is not ready to give divorce.

avniz aggarwal   28 March 2023

in MCD it was clearly mentioned that girl child will be with mother. but during second motion he stated that he want to visit the child,

T. Kalaiselvan, Advocate (Advocate)     28 March 2023

In that case it appears that he has withdrawn the consent as he was denied the visitation rights, therefore the court has rightly dismissed the mutual consent case.


1 Like

avniz aggarwal   29 March 2023

please suggest me what to do in this case

Shashi Dhara   29 March 2023

You have to compromise with him about child , consent divorce will be given easily but child issue will remain ,you have to obey the court orders about child ,father is natural gaurdian.so compromise .

1 Like

avniz aggarwal   29 March 2023

but court didn't give any order regarding child. she is a girl child so custody will remain with mother. he is alcoholic so how can we give girl custody to him.
please help us some lawyers are suggested to file dowry demand and dv act and maintaince case. is this will help please answer

Shashi Dhara   29 March 2023

The child will remain with mother till  it completes 7 years,so don't worry about child custody ,the court may order to spend some time that is two ,three hours with him only in week.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     01 April 2023

Custody of the child and visitation rights are two different things. Your sister has custody of the child.. Why is she refusing visittion right to the father of the child? The judge is correct in rejecting the divorce application. There must be a comprehensive divorce agreement covering the custody right of one and the visitation right of the other.

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