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sai narayana   11 July 2016

Time required for turning contested divr to mcd

Dear Experts

Please answer my queris, thanks in advance.

My wife filed a divorce petition against me in Nov,15 and i received summons in feb,16 and the current case status is awaiting counter from my end. My next hearing date is 26.07.16

In between i put my profile in matrimony and i got a prospect but they gave me deadline of 13th Aug,16 to conclude the ongoing case and show them my divorce papers.

If i bargain package with my Ex to convert the existing contested divorce petition into MCD then is it possible for me to get divorce papers by the above deadline of 13th Aug?

Please guide me in this regard,

thanks in advance.

Sai.

9247827832

 



Learning

 13 Replies


(Guest)

Sir,

Divorce by mutual consent is totally different. It has its own requirements. it is just not possible to get divorce in such a short time.

Regards,

 

sai narayana   11 July 2016

Arora ji

Thanks for replying.

There is a provision available in family laws to convert existing contested divorce petition to MCD and to waive off the 6 months requirement of time in between first and second motions as there is already more than 6months has been passed since the filing date of original contested divorce petition.


(Guest)

Court can pass a consent decree. But to set a time period for it is a totally different thing. 

binay (advocate)     11 July 2016

I agree with Rit Arora but still it can't be done by August September

JustAdvisor (IT)     11 July 2016

you may certainly try but you cannot hurry for the very decree which earlier you were contesting. court cannot work at your convenience.

Khush   11 July 2016

well, when u file MCD in court, u need at least six months to get divorce decree..

or

because your have divorce case ongoing, then you can file MCD in court, and move a petition in supreme court to waive of mandatory six month period needed for MCD on the basis that u had already fighting in court since last year, and marriage has been irreversibly broken down, Supreme court has its discretion to invoke its special powers to waive off that period or not. 

 

Khush   11 July 2016

well, when u file MCD in court, u need at least six months to get divorce decree..

or

because your have divorce case ongoing, then you can file MCD in court, and move a petition in supreme court to waive of mandatory six month period needed for MCD on the basis that u had already fighting in court since last year, and marriage has been irreversibly broken down, Supreme court has its discretion to invoke its special powers to waive off that period or not. 

 

Sandhya Srinivas (Advocate & Legal consultant)     11 July 2016

Dear Sai narayana, 

      Your wife filed Divorce petition, If your wife agrees for Permanent Alimony which you are planning, then you can file a settlement memo stating consent to divorce and Alimony in detail directly to court or through mediation or conciliation. You can get a decree of divorce immediately.

We are implementing this procedure and successfully recieving decree of Divorce within a day in all the law courts of Karnataka.

There is no need for MCD. 

innocenthusband   12 July 2016

Originally posted by : sai narayana

In between i put my profile in matrimony and i got a prospect but they gave me deadline of 13th Aug,16 to conclude the ongoing case and show them my divorce papers.

 

You are in for more trouble if not similar situation(s) if a woman/ her family is going to put a deadline on you and force you to show divorce papers. Try to grow a spine and fight your existing case on the basis of the truth instead of trying to take shortcuts which will lead you nowhere. 

Born Fighter (xxx)     12 July 2016

Life is not so easy my firend.

Your wife has filed Divorce, the moment she finds out you are planning for second marriage she will ensure she will delay the matter and double/triple her Alimony claim.

You are desperate to fall into another well again, Wake up ! All the Best !!

 

sai narayana   12 July 2016

The sad update is, that beautiful girl with whom i am trying to marry has cut the communication with me now. We have been in electronic-touch with each other for the last 15 days and day before yesterday (sunday night) during her skype conversation with me and my mom, she herself asked me to come with divorce papers by 13/08/16 to introduce me to her elders else she will proceed with prefixed U.S.A. match. On her words i initiated my lawyer for bargaining with my ex-side and updated the same to that girl through whatsapp in yesterday (monday evening) and also asked her to affirm what she said in last night. And today (tuesday) morning i was surprised to find that she blocked my whatsapp and stopped responding to my sms too. May be she didn't like me or my attributes like low-financial status etc. Its ok. "All is Well".

 

Now coming back to my original post, my wife herself put a claim of 15 lakhs alimony which i am contemplating to arrange through loans. So my hypothetical question is "On any hearing day, if i say in front of the judge that i am ready to pay the said alimony then the judge can issue divorce decree instantly? or Still my wife has any chance to object it to extort more money by making new increased demand?".

And if left this case to the mercy of my lawyers, approximately how long it will take to get the final outcome of a divorce petition filed by my wife under cruelty grounds and thereafter what i have to do if she didn't want to come back even after loosing her case, shall i continued to be as her ATM card to pay all maintenances?

 

Please answer my above queries, depending on your valuable guidance i will decide on whether to continue or deactivate my matrimonial profile till the conclusion of the ongoing case. 

 

Thanks in advance.

 

JustAdvisor (IT)     13 July 2016

why are you in a hurry to marry after having so many experiences? just take it easy. don't give in to any demands. let things follow a natural course of time. choose a good lawyer and let him/her decide what is best for you.

innocenthusband   13 July 2016

Originally posted by : sai narayana
The sad update is, that beautiful girl with whom i am trying to marry has cut the communication with me now. We have been in electronic-touch with each other for the last 15 days and day before yesterday (sunday night) during her skype conversation with me and my mom, she herself asked me to come with divorce papers by 13/08/16 to introduce me to her elders else she will proceed with prefixed U.S.A. match. On her words i initiated my lawyer for bargaining with my ex-side and updated the same to that girl through whatsapp in yesterday (monday evening) and also asked her to affirm what she said in last night. And today (tuesday) morning i was surprised to find that she blocked my whatsapp and stopped responding to my sms too. May be she didn't like me or my attributes like low-financial status etc. Its ok. "All is Well".

 

Now coming back to my original post, my wife herself put a claim of 15 lakhs alimony which i am contemplating to arrange through loans. So my hypothetical question is "On any hearing day, if i say in front of the judge that i am ready to pay the said alimony then the judge can issue divorce decree instantly? or Still my wife has any chance to object it to extort more money by making new increased demand?".

And if left this case to the mercy of my lawyers, approximately how long it will take to get the final outcome of a divorce petition filed by my wife under cruelty grounds and thereafter what i have to do if she didn't want to come back even after loosing her case, shall i continued to be as her ATM card to pay all maintenances?

 

Please answer my above queries, depending on your valuable guidance i will decide on whether to continue or deactivate my matrimonial profile till the conclusion of the ongoing case. 

 

Thanks in advance.

 

I dont know what to tell to you man. Did you actually say you are going to arrange a loan for 15 lakhs? My dear, if you are innocent then for what reason are you even willing to pay 1 Re? You also seem to have no idea of what a divorce notice means. It does not mean paying your ex wife and judge issuing notice. Instead of wasting time on finding a new match, at least educate yourself on what is the legal meaning of divorce, on what grounds it is granted and why an innocent person need not pay a single rupee even if extorted. 

You look like you are ready to be extorted by the next person. And regarding your beautful girl who ditched you for a USA match, have you ever thought why she was interested in you in the first place when she had USA matches queued up for her? You are a man undergoing divorce and she kept you ahead of USA match? 


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