IBC Code: Complete Overview and Drafting Workshop. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ankit (consultant)     02 December 2014

Need urgent advice

I had applied for Divorce on grounds of 2 years desertion and mental cruelty along with Visitation/custody of my child. Me and my wife are under mediation  in family court  and have decided to reconcile our differences on certain terms and conditions (MOU):

My query to the legal experts is:

1. What is the difference between adjournment of cases vis-a-vis withdrawl of cases with power to revive in case the MOU is breached?

2. Which is better? : a)Adjournment of cases till co habitation starts and withdrawl at the time of start of cohabitation.


We plan to cohabitate after a period of 6 months, till that time my wife shall make me meet my child on weekly basis and not pursue her women cell(CAW) complaint which is at a pre- FIR stage.



 7 Replies

Ankit (consultant)     02 December 2014


Which is better?

a) Adjournment of cases till the time cohabitation starts and withdrawl of cases at the time of start of cohabitation


b) Withdrawl of both cases now itself and power to revive in case MOU is breached


Please advice as i and my family are confused as cohabitation would begin after approx. 6 months from the date of signing of MOU.


Tell this to the judge ask him to give you time, maybe a month or two, telling him that you will try and give another chance to the marriage.  He will of course say ok.  MOU does not hold any value.  Trust is a very important thing for success of married life.  IF you trust each other and have good understanding between each other, nothing like it.  Even if you jot down on a paper and call it MOU, there is no legal binding on both of you to follow the terms mentioned on it.   So forget MOU.  It only will show how stubborn both of you are.  This time dont involve your respective parents.  Treat each other with respect, love and affection.  Its time to take advice of each other, listen to each other, and not to anybody else, that will serve the main purpose of marriage ie, being together with each other till the very end..  Wishing you both good.  All the best.


If it does not work out, and again you are bricks and bat to each other, the circus will continue in court hall.  Thats all.

Biswanath Roy (Advocate)     04 December 2014

I fully agree with the views of HELPING HAND which I appreciate also. Besides, I need add here that Bachelor's life and Married life are totally different. Mainly in Bachelor life you had no responsibility whereas, responsibility comes in married life. MARRIED LIFE rests upon the pillars of mutual trust, faith ,confidence mutual co-operation and understanding, spirit of adjustment and compromising attitude,, 

1 Like

Ankit (consultant)     04 December 2014

I agree with both of you but as i explained in my post that this is not my marriage but a plan/wish to restart my life with my wife (may be just for the sake of the kid). My entire concept of marriage (Trust, cooperation, understanding) have been shaken by her act of willful desertion and filling false complaint against me in CAW Cell.

Now standing at this crossroad i again look up to the guidance from experts:

Which of the two options would be better at the time of signing of MOU:

a) Adjournment of cases till cohabitation starts and withdrawl of cases at the time of start of cohabitation (Approx. 6 months from now)

b) Withdrawl of cases with power to revive in case MOU is breached

Please also explain me the legal difference between the two options??


have a heart foundation (member)     04 December 2014

Check your pm

sheshagiri (self)     06 December 2014


I need urgent advice on how to obtain divorce certificate and what is the procedure.

I am already divorced and i have a case number with me. My lawyer turn out to be little greedy, i paid him 30k as agreed for this mutual divorce and now he is demanding another 10k.

Now i want to apply for this divorce certificate on my own. Can some one please guide me the steps and how much it would cost.


T. Kalaiselvan, Advocate (Advocate)     07 December 2014

@Ankit: though the experts have given proper advises on what is to be done, you are insisting on your own query alone, for which I would suggest you not to withdraw the pending cases now itself, let them go on with periodical adjournments, you start cohabitation too, decide after experiencing the life after reunion, until then let the litigation be kept on hold.  MOU no doubt may appear to be a binding on both the sides, but it will not be tenable legally.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Post a Suggestion for LCI Team
Post a Legal Query