LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

SuperNuvos (Own)     01 November 2013

Separation after mcd 1st motion

Hello, Can someone please clarify whether is it not mandatory that man and woman are asked by the court to stay separately after 1st motion of MCD is passed? Currently my wife and I are staying in my father's flat.We are planning to file MCD. My parents do not want my wife to stay in the same house after 1st motion of MCD is passed. As far as I know, it is mandatory for husband and wife to stay separately after MCD is passed. Is it correct?


Learning

 4 Replies

Dr J C Vashista (Advocate)     01 November 2013

It is other-way-round,   the basic object of law is that  after first motion of MCD, during this period of 6 to 18 months cooling period, you should make all out efforts to reconcile and re-start your matrimonial life,

T. Kalaiselvan, Advocate (Advocate)     01 November 2013

I go with Dr. Vashistha.  The cooling period of six months or more is provided for the purpose of reconciliation which may save the marriage.  The law may be any stringent but it is only the minds to decide what is to be done or not.  Therefore there is nothing wrong in both staying together in the same house and sharing the bedroom too, see if this can help sort out your problem for the continuance of your marital voyage.


(Guest)
Originally posted by : Nuvo
Hello,

Can someone please clarify whether is it not mandatory that man and woman are asked by the court to stay separately after 1st motion of MCD is passed?

Currently my wife and I are staying in my father's flat.We are planning to file MCD. My parents do not want my wife to stay in the same house after 1st motion of MCD is passed. As far as I know, it is mandatory for husband and wife to stay separately after MCD is passed. Is it correct?


Going through MCD and still living in same flat? Am sure there is no brain in both of your heads. Boss you both are going through divorce, divorce means end of show, close shop, shutdown for good. Its dangerous to keep in touch with wife via email, mail, sms, calls, but here you are staying together, kudos on that bravery.  Better ask her to leave the premises right away if you do not want yourself to be seen behind bars under false cases of 498a or DV.

Dr J C Vashista (Advocate)     02 November 2013

Please read my views wherein I have clearly stated that law do not ask you to live separately, it is your own brainchild.

Divorce proceedings are still half-way.

You must try to sort out differences and sake the marriage institution.

Best of luck


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Recent Topics


View More

Related Threads


Loading