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Siv (engineer)     02 April 2012

Compromise happened in 2010 still all cases are pending ...



Wife and husband filed Mutual Consent Divorce (MCD) in 2010. In the first motion affidavit the wife said that she will withdraw all the cases against the husband.


Whereas till date wife did not withdraw the dowry case and every time she tells to the court that after divorce she will withdraw 498A case but judge says that withdraw 498A first then get divorce....


almost 20 months completed but wife is not listening to the court advice.


What is the remedy available to me .....?


Can I ask court to dismiss the MCD so that husbnad will file diorce on the ground of desertion/cruelty?


Please suggest any other....


 10 Replies

gaurav sharma (CS)     02 April 2012

has chargesheet been filed at the time of your first motion or was the FIR under investigation only, i think your wife is a true b@#$%, the judge seems great and sensible, keep matter lingering, what is happening...are you on bail...are you attending dates?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     02 April 2012

20 months passed means the first motion stands non-est.


Now go for contested divorce.





Shonee Kapoor

2 Like

Siv (engineer)     03 April 2012

Dear Shonee Ji,


First motion stands non-est means what? Do you mean MCD is not maintainable?


You advised to go for contested divorce .... for this shall I withdraw the MCD then only divorce shall be filed or even without withdrawing the MCD also seperate divorce petition can be filed? (next date is almost 4 months from now).


Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 April 2012

Yes, because 2nd motion should have happened between 6 month - 18 months.


You said, it happened 20 months back, so 2nd motion now has become non-maintainable.


Shonee Kapoor
2 Like

Siv (engineer)     09 April 2012

Dear Shonee Ji,


While MCD is pending even after 18 months, can any party file divroce petition (for contested divorce).

Wife and Husband are from different states hence contested divorce may be filed in another state while MCD is still in pending...

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     14 April 2012

It is only your imagination that MCD is pending after 18 months, it can not legally be so.


File for contested divorce on available grounds.





Shonee Kapoor

1 Like

Siv (engineer)     16 April 2012

Dear Shonee Ji,


It is not imagination that the MCD is pending even after 18 months. Its true. Its my case and I have attended on Sunday to the MCD and court gave last chance to the wife to take decision with that the MCD duration would be 19 months.


I sensed that just she wants to drag the matter for some more time.


While MCD is pending can any party of the MCD move divorce petition .... or after MCD is dismissed only the new divorce case shall be filed on relevant grounds....

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     16 April 2012

Yes, any party can move a petition for divorce.


Maybe the court is erring this time about MCD, if the lady's lawyer is smart, he would produce her and then challange the divorce in HC.


Shonee Kapoor
2 Like


Correct advice.

Nitin (Manager)     13 May 2012

So intelligent shonee sir, why so many people miss the simp,e thing

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