• In MCD if I don’t sign the divorce what happens

Dear All

After very good 7 years of our marriage life my wife fall in love with someone ales they wanted to divorce. I also try one year to patch up the problem but they don’t agree and They are living alone unknown place with the help of the boyfriends.

As per her wish I and my wife file a MCD on date 01/09/2016 and In MCD they agree that they don’t want any alimony from me or any property and also take they both child custody ( Grils 5 Year & boys 2.5 Years ). I and my wife mother will understood related all streeedhan of my wife.
Now almost six month was completed my next date 06/03/2017. Still they wanted divorce I don’t want? Because of my child. I still accepted her without any hesitation 

They fact reality is they don’t capable to take care of my child welfare and education on her own capability. This all happen on the back support of her boyfriends only.
Her entire family member are supported me that we all are try that the comeback against.
We think that before the date her bother will try to convince that if you don’t want to live with your husband no problem but please stay with me and mom. Is this a right or wrong ?
Please guide us ?
1.	What will be best way to resolve the issue?
2.	What will be negative impact on me and my family?
3.	They file false DV against me and my family?
4.	If I don’t sign the divorce they file false case against me or not?
5.	If I sign the divorce in MCD can I apply child custody separate case against her?
6.	Last if they wanted divorce I ask for my child ? if they agreed I sign the divorce
7. How to gate visiting rights from court i don't have address ?
Asked 7 years ago in Family Law
Religion: Hindu

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7 Answers

Since you and your wife have filed for divorce by mutual consent it is in your interest to appear on court at time of second motion and agree for divorce by mutual consent

2) it makes no sense in staying separate without divorce

3) if you have agreed to give custody of children to wife you cannot claim child custody

4) you can withdraw your consent for mutual consent divorce of you so desire

5( wife is at liberty to file DV / dowry harassment case against you but has to prove allegations made in divorce petition

6) you should not have filed petition for mutual consent if wife not willing to grant you joint custody of children or visitation rights

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. What terms have you mentioned in the MCD petition you have already filed regarding your children's custody?

2. If it is mentioned that they will be with your wife then it means that you have agreed for your wife's custody of your children.

3. If you do not appear before the Court for the next date or any other dates fixed by the Court the said MCD petition filed by both of you shall be rejected after 18 months of its filing.

4. If she lodges/files any 498A or DV complaint/case you shall have to contest the same fittingly.

5. You can also lodge a police complaint against the paramour of your wife bringing the charge of adultery against him submitting adequate evidence in support of your allegation.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1.If the marriage has broken for all practical purposes then better go for mutual divorce.

2. If divorce is granted on mutual consent and you also get the custody of the child then there is no negative impact.

3.Yes but if MCD happens then no such case be filed after grant of divorce.

4.Yes, likely.

5.Yes if you could show the welfare of the child is ta stake with your wife.

6. Yes, you can.

7. You can file habeas corpus petition in high court if the whereabouts of the child is not known for long.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1. It is not wrong what her brother wants to convince her to do. Suggestions are welcome from all quarters.

2. If you do not wish to part with the custody of your children then you can stop the prosecution of the MCD petition from your end. The court will dismiss the MCD case if you revoke your consent.

3. If a false DV case is filed then you can contest it on merits. The onus to prove the allegations will be on her. Unless she can prove the commission of domestic violence she cannot get any relief from the court.

4. Once the MCD is granted you can still apply for child custody if you can prove that she has not secured or promoted the welfare of children.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

If you do not want to proceed with the mutual consent divorce, you need not express your willingness during the second motion before court on 6.3.17

If she resorts to file DV case or dowry harassment case as a retaliation, you can challenge the same on the basis of mutual consent divorce.

You can file a child custody case even now without filing divorce case.

If she agrees for child custody with you then you may agree for mutual consent divorce too.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

1) sign the divorce papers on next date

2) what is clause in consent terms regarding visitation rights for child /

3) you should insist on visitation rights for child

4)if wife refuses dont appear in court in second motion

5) let divorce petition be dismissed

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. You shall have to decide what do you want to do now.

2. If you do not want divorce, do not appear on the next date of hearing and without your appearance, the MCD application will be rejected after 18 months of its filing.

3. Do not worry for her threat of 498A or DV case. Nowadays there will be no arrest against 498A complaint without conducting investigation about the said complaint and at that time you shall be able to take anticipatory bail to contest the case.

4. After that if you decide to give her divorce, refile the MCD application with the terms that the children will be with you.

5. Meantime you can also lodge a police complaint alleging that your wife and her paramour are threatening you about filing of false 498A complaint if you lodge any police complaint bringing the charge of adultery against them and refuse to sign the MCD petition.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

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