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123indian (SE)     31 December 2013

Which date should be considered for mcd?

I need your help guys, please answer my questions.

Here is my scenario.

·         Ours is love marriage and we got married twice, one at a small temple with the presence of friends in Dec 2012 and second one with the presence of parents in a function hall in May 2013.

·         For various reasons this marriage didn’t go well, I tried my best to convince every one including wife, her parents and my parents and failed in all those attempts.

·         And more over she and her parents asked for the divorce from July 2013 and they demanded the same till November 2013 and finally they filed 498A. Got remanded and came out on regular bail

·         Now I gave up and I don’t want this marriage any more, as I experienced enough drama from last one year.

·         My lawyer contacted and advised them to go for compromise and they agreed for compromise and not sure about the Amount. We have to sit for these discuss and not sure how this goes as they have very fickle minded.

My questions:

1)      If they agreed for MCD, which marriage date we should consider Dec 2012 or May 2013? In 498a FIR she mentioned we got married in May 2013.

2)      I am planning to give 30 % money after the first motion and 70 % at the time of second motion in front of Judge, is it possible to give money in front of judge?



Learning

 9 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     31 December 2013

1. mention both the dates.

2. pay the amount in front of court, it will be possible

contact a lawyer personally will be better for best advise

123indian (SE)     31 December 2013

Thanks for your reply,

My question is when we will be eligible to apply for MCD.  Can I apply now or should I wait till may 2013.

K*I*L*L*E*R (tech)     31 December 2013

as per my kowledge (im not lawyer)

 

if she mentioned in fir that ur marriage is happened in may 2013 then u should fie in may 2014 after seperation of one year

 

beause in 13b conditions are

1 one yer seperation is required (if u apply that ur marriage happend in dec 2012 then how will u contradict that in may 2013 again ur marriage happened which means ur staying together at thhat time)

2.both of u want to dissolve it

3 no force and corecin

after that ist motion then second mtion after gap of 6 months

K*I*L*L*E*R (tech)     31 December 2013

-Mutual consent: Getting a divorce through mutual consent is far simpler compared to that of the contested divorce, and can always be preferred over the latter as the procedure. Under a mutual consent divorce decree in India, you can come to an agreement with your spouse, where you may resolve all kinds of disputes regarding property, maintenance, custody of children and such. Under Section 13B of the Hindu Marriage Act, a husband and wife can file for a mutual divorce only when they have lived apart for at least a year. The couple must jointly mention about their inability to continue the marital relationship due to some unavoidable circumstances. Both the sides must voluntarily agree to dissolve the marriage. When both, the husband and the wife, file for a mutual divorce, it is termed as ‘the first motion’. The couple can file for a ‘second motion’ after a gap of six months. The six months time-span is provided to the couple so that they get some time to reconsider their decision, should either/both of them wish to. However, a divorce decree can be passed before the completion of the six months term if all the mandatory requirements for the divorce are met. If the divorce file is not withdrawn within eighteen months, the court passes a divorce decree. In case one of the sides withdraws his/her petition, the court proceeds to make an enquiry into the matter. Following which, if the concerned side disagrees to give the consent, the court would hold no right to pass the divorce judgment.
1 Like

K*I*L*L*E*R (tech)     31 December 2013

Buddy this is what people called biased laws which only favours women u cant do anything if they want more money with swrowd of 498a hanging on ur head the only this is compromise and come to solution peacefully and throughout the process watch the developments and pray

T. Kalaiselvan, Advocate (Advocate)     31 December 2013

My questions:

1)      If they agreed for MCD, which marriage date we should consider Dec 2012 or May 2013? In 498a FIR she mentioned we got married in May 2013.

 

Your marriage was solemnized on Dec-2012 and the same was celebrated during May-2013, so the date of marriage will be Dec-2012 only.

2)      I am planning to give 30 % money after the first motion and 70 % at the time of second motion in front of Judge, is it possible to give money in front of judge?

First you draft a MOU  and see if it is acceptable to the other side, if it is acceptable, then settle the entire amount by cheque or DD on the date of  second motion

1 Like

123indian (SE)     01 January 2014

Thanks for your reply. It looks like we cannot file mutual divorce till June 2014. Because of the May 2013 marriage incident we are not going to satisfy the one year of separation rule for MCD. Judge may question about it.

Am I eligible to apply for MCD now? Or Should I wait till June 2014?

Anyhow, my only problem is they very are fickle minded, though I agree for some amount, I am not sure that they will stick to that decision till we file the apply MCD in June 2013. They may again harass for more money in June 2013.So I am really worried here.  I am not sure how to handle this situation. Thanks again for your reply.

T. Kalaiselvan, Advocate (Advocate)     01 January 2014

The best way to handle the issue is that show your marriage date as Dec2012, do not show the second date in your application, you can mention that just one month after marriage, you both due to difference of opinions, have been separated and are living separately away from each other and that there are no chances for reunion in the future.  You can file an MCD based with the said contents during Jan-2014 itself. Before filing the MCD, negotiate the bargain amount and agree to settle the same on the date of second motion i.e., after six months, hope things will be acceptable for both.

123indian (SE)     01 January 2014

Thank you very much sir, I will discuss the same with my lawyer and see what I can do in this scenario.

Hope everything goes well as expected.


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