Mutual divorce

There are so many similar problem happneing these days.. that after taking one installment wife does not turn on sencond motion

Many times  the money given in first installement is lost money.. though I have heard divergent views on whether the contract entered into is still valid.

But for sure .. there is nothing your friend can do immediately,.. divorce will not be granted if she does not turn up in court for second motion... if at all, he wil have to fight long legal battle to get the money back or get the contract implemented...

Was there any paperwork signed.. did judge ordered such an agreement?

yes every thing is on the paper and one copy had already been submitted in the court and one in the respective women cell.

please guide me regarding any act or clause so that friend will not waste time before that situation comes and he will get divorce.

suppose she doesnt come can he get the exparte divorce from court

Jaswinder,

There is no act or clause to save you immediately. A compromise entered and submitted in court can be enforced like a decree. You would have to go for either higher court to grant you divorce on the same agreement, because the other party has backed out

Or you would have to file for divorce on other grounds.

There are no easy solutions in matrimonial mess. Consult about all options and choose wisely.

Also don't get cold feet as yet, because the time has not come that she has not appeared.

Answer to question no. 2. Depends on situation

Answer to question no. 3: Six Months

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

thnk you sir for guiding me

If it is Mutual consent divorce case pending before the court, then:

(a) if wife comes on that date for second motion give her the remaining 50% and get a divorce decree.  Regarding withdrawal of pending cases, well care must have been taken in the agreement.

(b) If she does not come for the second motion:

(i) No exparte decree is possible.

(ii) you file a contested divorce case, if the grounds are available.

(iii) file a recovery suit to recover the 50% amount already paid.

This is also in response to PM sent to me.  

after discussion with friend

After signing the MOU they have filed the mutual consent divorce petition.

But due to some reason when the third hearing came both didnt appear before the court.

So judge dismissed the case and in the judgement conveys that anyway both has  to go for one year judicial separation. So both parties can file the petition after the completion of one year.

In the MOU many things they had already taken care as you have mentioned in the mail e.g. both will not interfere in their life, both parties will withdraw the cases filed against each other. She has withdrawn maintenance case but i have not withdrawn my restitution of conjugal rights case.

So i think this will be new/fresh petition.

i) Now sir if she comes as you explained in your reply pay the balance amount get the decree. No doubt

ii) If she doesnt come is that MOU remain valid and can he go for contested divorce as you had explained in your reply

iii) If she doesnt come can he recover that money and go for contested divorce case.

iv) Any other suggestion which you want to suggest for coming out of that critical situation

So i think this will be new/fresh petition.

i) Now sir if she comes as you explained in your reply pay the balance amount get the decree. No doubt

Now, MCD is dismissed.  It cannot be revived.  One year after marriage, if both boy and girl consent, they can move again fresh MCD.  MCD has got two motions.  generally 50% amount is paid in first motion and remaining 50% is paid in second motion.  In this case, do not pay 50%, as it is already paid and pay the remaining 50% in the second motion.  But, after one year, she is not ready for MCD, then you have to file a divorce case on the grounds available to you.  But divorce cannot be granted at the behest of one party on the basis of MOU.   If she backs out for MCD, then you have to initiate civil proceedings for recovery of 50% amount,which you already paid.   

ii) If she doesnt come is that MOU remain valid and can he go for contested divorce as you had explained in your reply

MOU is for the purpose of MCD.  The MOU will not help in contested divorce case.  But it will be helpful to recover the 50% amount the boy paid to the girl.

iii) If she doesnt come can he recover that money and go for contested divorce case.

Yes. As explained above.

iv) Any other suggestion which you want to suggest for coming out of that critical situation

If fresh MCD is moved after one year, please see that there are no contradictions in the petitions filed in the earlier dismissed MCD and the presently filing MCD.

thank you sir for your reply

with reference to above case

we have became to know that before completion of one year she has already filed a single contested divorce

now my question is

i) what is the actual procedure of getting the divorce and how much time it will take for her to get the divorce from court?

ii) summoned will be issued by the court to my friend or not? as on today he has not received any summon

iii) how will he became to know that divorce has been granted to her?

iv) copy will automatically to my friend?

we are in really confused state please help us

is there any step which he should take immediately?

) what is the actual procedure of getting the divorce and how much time it will take for her to get the divorce from court?

The court will issue notice to your friend and he has to appear in court.  Conciliation efforts will be done.  If they fail, your friend has to file reply.  Her evidence will be taken.  His evidence will be taken.  After hearing the arguments and the court satisfies that there are sufficient grounds for divorce, then only grant divorce.

As I understand, your friend is also interested for divorce, in the reply filed by him in the court, he may refuse her grounds but say to the Court that he does not have any objection if the divorce decree is granted.  Do not forget to mention that he has already paid 50% of the MCD amount.

ii) summoned will be issued by the court to my friend or not? as on today he has not received any summon

Summons will be issued.  If he did not receive and he is interested to attend the court to get the matter disposed quickly, he will have to find out in which court the matter is filed and find out the next date and appear on that date in the court.  In that way, the matter will proceed quickly.  

iii) how will he became to know that divorce has been granted to her?

First do that what I said in (ii) above.

iv) copy will automatically to my friend?

Let him attend the court and pursue the case.  Judgment copy will not be given to any one automatically.  Once judgment is delivered, one has to apply to get copy. 

:-)

thnx for your answer sir

Do not forget to mention that he has already paid 50% of the MCD amount.

Is that MOU still valid? can she claim balance amount in the contested divorce petition which is already in progress.

once the divorce get granted that will be automatically valid for both.

as per you answer she will get copy from court automatically but if my friend want he has to apply right?

In the divorce petition, if she files interim maintenance or after she gets divorce decree, she files for permanent alimony, then your receipt of giving her 50% amount will come to your rescue and courts will take the payment of such amount into consideration before giving any decision.

She has also to apply for judgement copy.