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Ramsh (engineer)     21 June 2012

Questions nomally asked during 2nd motion of mcd

1st motional of our MCD is completed. Judge have not asked anything to me. What kind of questions may be  asked by judge during 2nd motion after 6 months. Whether councelling is not compusory.



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 4 Replies

Adv Archana Deshmukh (Practicing Advocate)     21 June 2012

During the second motion the court will verify from you as to whether you are still firm on your decision of taking divorce or any chance of reconciliation is still there. If both the parties are firm on their decision of divorce then, the court shall pass the decree.

Ramsh (engineer)     22 June 2012

Madam

I love my wife more than anything. But they are not interested to talk with us even for 5 min. I have accepted MCD as otherwise they may file false cases of 498A or DV for divorse.  My wife is very unmatured and single child of her parents and due to instigation from her mother (dominant in their family), she leaves me after 2 months of our marraige. I never do any wrong thing with my wife. But they are saying that I mentally tortured her daughter.

During 2nd  motion if I tell the judge that I love her very much and not interested to divorce then the MCD case will hang for uncertain period. I know she will not attend any councelling. I am in Indore and she is in Kolkata.

Please advice what I should do..

Adv Archana Deshmukh (Practicing Advocate)     22 June 2012

It is for you to decide what you should do...... it is good that you love your wife but I think to continue a married life same gesture is required from other side too.  Analyse the situation impartially and see what is best in your interest. Even if MCD is dismissed, the court cannot compel your wife to live with you. Talk to your elders, be realistic and decide. 

Dheeraj Chawla (Engineer)     12 September 2014

Archana ji,

 

I'm also going thru MCD and this is the second time being filed. the first time it was bounced as i stressed on the date of the separation, the lawyer told us later on that it is one year minimu period of separation.

 

I want to prepare my self for the questions. the first motion is passed and we are in process for the second one.

 

Questions which were asked to me were

NAME

AGE

DATE OF MARRIAGE

PLACE OF MARRIAGE

REASON FOR DIVORCE

TIME OF SEPARATION

ALL MONEY MATTERS SOLVED

NO OF CHILDREN

NAME OF CHILD

AGE

DATE OF BIRTH OF CHILD

WITH WHOM THE CHILD WILL BE IN THE FUTURE

ANY CHANCE OF COMING BACK.

 

I need to know anything else can be asked if so let me be prepared before hand, It is very painful both financially and mentally to see the marriage is failed.

 

A Reply would really be appreciated

Thanks and regards

Dheeraj Chawla


 


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