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arunsrinivaas (pensioner)     12 September 2015

Query

Sir

My case scenario is this,

       1.mcd petition filed along with all documents namely 

        A.affidavits of both husband and wife

        B.wedding invitation

        C.address proof

except receipt in 100 rupees stamp paper for paid one time  payment  of pèrmanent 

alimony with signature of estranged wife with two witness signatures

one of witness signature is my uncles signature who acted as mediator for both of us

    Payment of permanent alimony fact neglected to be noted in mcd petition by lawyer

    Fact about mediation by uncle though noted in affidavits of both of us in 100 rupees stamp paper his name and fact of mediation by him neglected to be noted in mcd petition due to this though I showed receipt of payment of permanent alimony

it has not been accepted by judge as exhibit in my mcd case but he noted fact of payment of permanent alimony in mcd petition.

 Ultimate result

      Though cunning wife received alimony she withdraw consent and my mcd case dismissed. Though I told fact to my uncle he does not show interest on me as his name does not appear in mcd petition though his name appears in affidavit of wife.

   My humble question is

       If I try to appeal in my mcd case what should I do to file receipt for money along with all relevant documents through counsel and I can win my mcd case attaining mcd decree.

    Very much thanks in advance.



Learning

 4 Replies

Jai Karan Nagwan (consultant)     12 September 2015

Suggestion will be appropriate, after reading the court order.

SAINATH DEVALLA (LEGAL CONSULTANT)     13 September 2015

Arun,

This is UR 10th query and UR the victim in all of them,clarify

T. Kalaiselvan, Advocate (Advocate)     20 September 2015

There is no appeal in MCD especially when it is dismissed.  You may file a money recovery suit against her in a civil court stating the same reason that she agreed for dissolution of marriage on mutual consent grounds for which she accepted Rs.... as one time alimony but she withdrew her consent at the second motion  leaving the petition for the MCD getting dismissed hence the she is not eligible for the amount she already encashed based on this, she may be instructed to repay the same with interest.  This is how you can file a money recovery suit.  Simultaneously you may file a separate petition for divorce n the grounds of cruelty. 

NATARAJAN IYER (Proprietor)     21 September 2015

 

File a criminal case of cheating.

 

See, you must first realize that the IPC and CrPC has many sections that can nail down even the smartest criminal offender.

 

Read them up and decide.

 

Despite having evidence, if a person sits quietly, it is difficult to understand his silence.

 

Is it true silence or some mind-block that is preventing prompt action ?


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