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

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.

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.

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.

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.

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

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.