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(Guest)

Please-100 reply about mcd

Hi,

Please who know the answer, only those people reply back.

I have been question previously also but never got an answer fitting my understanding.

Can MCD (if done with proper MOU with the help of bright lawyer) can be challenged in 90 days after second motion???

 



Learning

 8 Replies

Shantilal Pandya ( Advocate)     30 November 2012

The reply   may be yes, on the grounds of fraud ,undue influence ,coercion and the  like destroying  sanctity of the consent of divorce,   ofcouse  should be subject to satisfactory proof thereof, because fraud and justice never dwell togather!

Ramsh (engineer)     30 November 2012

Dear Sir

Today My MCD decree is passed by Judge. I not have to give any alimony and in the petion it was mentioned that in future she not claim any maintenace. But just after passing the decree by judge, My ex father inlaw threat me that if i not give her 5 lacks, he will file case as per 125 CRPC. Please advice....Waht should I do.

ANAMIKA VICHARE (LAWYER)     30 November 2012

Do not pay money....let him file case...

she has consented for divorce that means sshe is also getting remarried

even if maintenacne is passed it will be till her 2nd marriage only

anamika_vichare@rediffmail.com

Tajobsindia (Senior Partner )     01 December 2012

To first author

1. You didn’t understand the answer given by us because you never searched dictionary for meaning of words and phrases given as reply to your questions. Take illustration of Ld. Pandya’s reply, he has used few words and phrases while replying to you, care to find meaning of them? If not then even another 1000 replies given to you, you will never get clear reply just because you donot wish to know the meaning of legal replies which we give and want SC to come to your door and give reply.

To second author

1.
If in MCD MoU states terms and conditions of no maintenance, no alimony past, present and future and no case to be filed by either party then she r/w your FIL cannot file such case and extort 5 L from you now.

2. If your FIL has threatened for 5 L then he might have called you on your cell phone. Send today an Email Complaint to Police Commissioners Office stating criminal intimidation, extortion grounds being MCD r/w cellphone conversation from such and such no. to your cell no. and ask for help in lodging FIR using appropriate sections of IPC. In 72 hrs. file an RTI seeking action taken report from police on yoru email Complaint. If no action taken nor any reply comes via RTI then wait another 72 hrs. and then approach
Magistrate Court under S. 156 (3) r/w S. 200 CrPC replicating Email complaint and prayer for taking action against ex-wife and ex FIL for criminal intimidation, criminal extortion, common intent etc. sections of IPC.

Now relax back and let criminal law take its own Course. 

1 Like

Shantilal Pandya ( Advocate)     01 December 2012

contracting out the benifit allowed by s.125 of CRPC is not viewed with favor,   in my view the refusing to award maintenance  even in a contested litigation  does not bar award of maintenance  in future  in cases where refusal would result in to vagrancy  of the claimant , subject ofcourse that the claimant is otherwise entitled . 

Ranee....... (NA)     01 December 2012

Originally posted by : ANAMIKA VICHARE

Do not pay money....let him file case...

she has consented for divorce that means sshe is also getting remarried

even if maintenacne is passed it will be till her 2nd marriage only

anamika_vichare@rediffmail.com


I could not get you..please clarify.

Ramsh (engineer)     01 December 2012

Dear Tajofindia

Thanks for your reply. I myself prepared my whole petetion after reading hundreds of replies of different questions in site.

I am thank full to this site and all experts.

In my petetion it is mentioned   "  no maintenance, no alimony past, present and future and no case to be filed by either party"

Whether I have to worry for future....Her father has given threat in court after passing the decree by judge.

Ramsh (engineer)     01 December 2012

Dear Tajofindia sir,

Thanks for your reply. I myself prepared my whole petetion after reading hundreds of replies of different questions in site.

I am thank full to this site and all experts.

In my petetion it is mentioned   "  no maintenance, no alimony past, present and future and no case to be filed by either party"

Whether I have to worry for future....Her father has given threat in court after passing the decree by judge.

 As per my lawer, I shall get the copy of full judgement after 15 days.


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