Wife not signing second motion mcd

If all settlements have been done (on record and proven) then unilateral withdrawal might not be genuine, and not in her favor.

Why is she withdrawing?

What is her additional demand(s)?

If she withdraws consent it amounts to cruelty. Again new process starts.  You file new petition for divorce based on mental cruelty.  So again.  Ba ba black sheep have you any wool? S sir s sir three bags fool, 3 bags fool. Ur the fool... case will go on trial and then will be decided based on merits of the case.  The money etc you gave her is gone.

The prespective shared by Mr. Helping Hand is one of the possibility.

Another prespective:

Details of the documents on record and finer points of the case may matter.

How does the Presiding Officer/Judge view the conduct of wife and decides may also matter.

The judge may not only treat the withdrawal by OP as ‘Unilateral’ but may also treat is as ‘Mischivious’, ‘Mischeviously withheld’………………………and her spouse as ‘Forlorn Husband’………………….or that consent is withdrawan on frivolous grounds………………………… and such U-turn cannot be allowed to be used to harass the husband.

The Presiding Officer/Judge may be alarmed at; if wife is unwilling to return/refund the money collected.

 How do you (as PIP) or your own counsel specializing in Family matters drive the case and present before the court may matter.

If the Unilateral withdrawal is not genuine, without any force, and a frace then if the Presiding Officer/Judge is convinced he/she may decide accordingly, by appreciating the facts/record placed before the court.

The court may deem withdrawal of consent is liable to be ignored.

How far court is covinvced, does mater.

If you chose to be in court then you need to check: How best you can convince the court! 

Dear LCI querist @ Krishna,

You may go thru the links that I have sent to you and pick up relevant points.

Mr. Helping Hand,

Sent the links to you also.

If unilateral withdrawal of consent for divorce is not genuine and is a farce, then withdrawal of consent is liable to be ignored and inference of continued consent of grant of divorce by mutual consent can be safely drawn and court can grant divorce decree and dissolve the marriage.

Originally posted by : Kumar Doab
	Mr. Helping Hand, Sent the links to you also.

Thank you for sharing sir.  Many men will be helped through this.

@ Krishna 

Ask this que. to the lawyer who drafted the MCD T&C does he have a convincing answer for you ! and may i know how much you have paid your lawyer for your MCD that now you come here for a solution free of cost 

 However:-

1a. If one party withdraws consent before expiry of MCD cooling period in full knowledge that T&C of MCD are fulfilled in spirit by another party then the only option which is left is to approach Hon’ble HC and get relief.

1b. It is the fault of a Lawyer to guide his client to pay full and final before going in for 2nd. motion MCD. Reasoning: A lawyer knows the pitfalls of such Agreement based on experience and what has been learnt in legal studies otherwise he has no moral rights to remain a lawyer to the same client.

 She can be given re-think option till 18 months as per Law.

 On completion of 18 months you will get Divorce in MCD by approaching HC if she still does not join and gives her 'consent' for a simple material fact she has already taken the 'consideration' in 'contract' for MCD.

Case cannot be dismissed for a simple reason as per ‘contract’ between you two you fulfilled your part by giving her the  consideration and she accepted it and encashed the same. Now she has only right to re-think till 18 months and can’t ‘resile’ on completion of 18 months. Almost all HC’s in India come heavily on such events and grants divorce hence ask your Advocate meanwhile to search your State’s HC Judgment in similar facts to prepare in advance.

No need to seek its return as you can always challenge her refusal in State’s HC based on her receiving / accepting  amount. You should not file divorce.

Generic addendum: Till next date of hearing / 18 months from date of first motion allowing (which ever is later) as same is bound by MoU terms and condition by parties so relax till that time and send positive vibes to her environs.

Approach your counsel and defend your interest.

Thx..all for your valuable reply, She has filled 498a any many more against me & my family. She has demanded 7 lakh for sign. on divorce paper at second motion.

I have told no for extra money. We have finalized 1 lakh at the time of MCD first motion. Pl suggest me further .