Vivek (Clerk) 26 November 2015

Request help in mcd petetion

Dear Experts,

My wife had file various criminal cases against me and my family.

Now finally reached the settlement stage. Applied for LOK ADALATH, where she has agreed to withdraw cases, agreed for divorce.

We agreed for MCD.

In MCD petetion, the lawyer of the opposite party has drafted the below reasons for seeking MCD.

1. That I demanded aditional dowry.

2. I mercilessly sent her away to her parent's home.

I understand that the MCD peteion should be simple without any allegations. But the lawyer is not agreeing and mentioning that only if such allegations are there the Judge will consider for filing MCD.

I know it is totally false. When both of husband and wife has agreed for mcd, why will the judge oppose.

I suspect a foul play.Please help me in this regard.

Thank You

Ravi

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4 Replies

Markandeya raju 26 November 2015

Nothing is going to effect such allegations .... Just sign the petition and get rid if u can't be with her. Don't keep mental tensions and save the time of lawyers.

H.JanakiManohar Rao (lawyer) 30 November 2015

It is not good to suggest to accept false allegations.Is other side lawyer ready to accept that his client is cruel,disobedient and reckless towards her husband.If there is mutually consent divorce it should be well versed like both mentalities,habits tastes are not acceptable to each other and decideded to live separetely.This reasons are enough to take divorce.

Srinivasan (IT) 30 November 2015

For MCD there should not be any alligations and reasons for divorce. The petetion should be drafed without any alligations. The only reason for opting MCD is " from the past 6 months both husband and wife are living seperately". That is the only thing the judge will consider for approving MCD not any single alligations.