Restore of mutual divorce

You have to file a seperate divorce petition.

Originally posted by : SJG Delhi NCR
	Me and wife signed a Mutual Divorce 13B after which on 2nd hearing her father nd she denied for divorce and on the grounds of premature application they got it rejected from the Judge.

Hi

Can you please elaborate this point ?

With you, she might also have filed an affidavit on first motion agreeing on separation date then how can she take back her statement so easily ?

She can refuse to appear on second motion but how can she get it rejected as she should be equallly culprit for filing wrong affidavit.

Please elaborate.

your wife sees you as her meal ticket . she wants Rs 25,000 pe rmonth as maintenance . what is your income ? what are her qualifications ?

you have said Rs 3.5lakhs encashed by them balnce is lying with mediator . send a letter to medator to retrun the balance amount as your wife has refused to agree for divorce and as such is not entitled to said money

since your petition has been dismissed on account of your wife refusal to agree for divorce you will have to file for divorce on grounds of cruelty , desertion etc . you must have engaged  a lawyer . go by his advise .

Hi Ajay,

Most of the couples file mutual divorce on wrong separtion date and file affidavit on first motion for the same.

Please help me understanding that whether wife can put a request to cancel second MCD motion  on the grounds of premature application ?

I undersatnd she can always says that she has  been forced to file MCD by mentioning wrong separation date but without any proofs, what is the stand of court/judge?

Will judge assumes husband guilty or both of them for wasting court's time and making false statement in first motion?

1.    I disagree to advice of two ld. brothers.

2.    If parties have been allowed First Motion and one party fulfilled terms and conditions which were mutually agreed between them and other party accepted the same (herein other party did accept 3.5L DD and encashed it too) then Misl. Application filed by one party was obvious to be dismissed rightly before Second motion being 'premature'.  

3.    Here the remedy is to approach Court and force MCD second motion as this is not a case where before accepting terms and conditions other party has resile by filing Misl. Application. There are Judgment of various HC’s where HC have allowed MCD in reference to context look for them via your Advocate.

4.    Another reason for persuading your way for a complete MCD Decree in proceeding is that only one Application can be allowed in MCD after First Motion that is for ‘taking back consent’ and no other additional plea can be allowed after First Motion Statement r/w taking DD of 3.5 L and that too encashing it hence I differed to my two ld. brothers opinion.

5.    Also I am not sure if 18 months have passed after First Motion Statement recording (allowing) which is missing in your brief? I see some 1 year mentioned but I am not sure what is that 1 year you are mentioning referes to? You can seek remedy only if 18 months have not passed after First Motion i.e. sending her notice to complete Second Motion.

Gaurav go and file fresh pretition under grounda enumerated sec 13

I disagree with lerned borther Tajob i think he has mis read the facts. Mutual agrement of giving and taking money was not before Court of mediation.  when once the consenting party rescinds then the case is to be decided on merits

Hi Tajobs guru,

It seems from first post that his wife has challenged the MCD first motion on fraud (wrong separation date).

But can it be done as

1) she herself filed an affidavit in first motion and agreed for separation date mentioned?

2) She encashed that DD.

Who will be held culprit now if wife reveals this fact that separation date was incorrectly mentioned in first MCD motion? Husband or wife? Or  both?

gaurav

you are right in some cases that parties delibertaley mention that they have been staying separately for last 1 year to file case for divorce by mutual consent . both the parties have on affidavit mentioned that they have been separated for one year .

in such a case before divorce is granted wife wakes up from her slumber and draws attention of the court to false  statement made on oath then court would not have any option but to decline to grant divorce . both the parties have obviously misled the court . as on date the application for divorce has been rejected by court .

Originally posted by : ajay sethi
	in such a case before divorce is granted wife wakes up from her slumber and draws attention of the court to false  statement made on oath then court would not have any option but to decline to grant divorce . both the parties have obviously misled the court . as on date the application for divorce has been rejected by court .

But is there any punishment for the same false oath/affidavit during first motion.

As wife will always says that she has been forced by husband (without any evidence) to file false affidavit so court will blindly punish husband or both husband and wife?

Or

there is no punishment and only divorce decree is rejected?

Dear Querist

when a MCD petition has been filed before the court and the parties is not ready to settle the matter by mutual Consent after first or second hearing then court have no right to presurised another party of the case to settle the matter by MCD. then only one procedure left that file a fresh case for divorce u/s 13 and fight the case.

reject the application on the grounds of premature application, may be the MCD filed by the parties within one year of the marriage.

Feel Free to Call

Respected all, I got Married on 13th aprli 2012 nd my wife left our home on 29th April 2012. she stayed with me for 15 days nd during this period we didnt have S******* relations due to her oath of some sati mata.

lot of meatings between both the parties were made and from there end everytime  it was just for financial settlement but not for contuning of marrige.

Then we came to a setllement of Rs. 10 Lks (3.5 Lks + 6.5 lks).

we filled divorce on 1st August 2012 on 20th august on our first date we both came nd signed our presence.

But on our second date of 22 Sept. she along with her father came and get the plea rejected on the grounds of premature and  she filled a complaint of Sexual Abuse and Mental torture against us.

She is claiming those 6.5 lks as stree dhan .

and wants Rs. 25K permonth as loss of earning and maintainence.

The family court judge rejected the MCD but he also rejected the allegations and ask her to go nd file the case in seprate court.

currently in my case I am awaiting for ADR center's call.

My Dear wife is a BSc., B.Tech, M.Tech nd I m MBA (Maha Bekar Admi).

Pls provide case's of the same refference so that I can come out of this.