• Divorce

Hello Sir, 
One of my colleague got  stuck in his MCD.  his wife  committed  adultry and  they are seperate  from post  8 months.  He had  given 5lakhs out of 8.6lakh to her as alymony..she requested  for MCD and he did the same. 1st motion completed. And now for 2nd  round  she  is absebt. They  have  17 years  daughter. She is demanding for 40lakhs  for daughters  future. He dont have. If he compensate that, then  she will come it seems. And ge said he will apply  divorce on the grounds of adultry. She also threatening  him  saying she will  also prove he is also  bad.  Kindly advise. What action he can take? He is very humble. And that lady  is torturing  him. S looking forward  for your  valuable  guidance. Thank you
Asked 7 years ago in Family Law
Religion: Hindu

Ask a question and receive multiple answers in one hour.

Lawyers are available now to answer your questions.

7 Answers

1)what are clauses in consent terms?

2) does it provide that wife does not attend court for second motion Rs 5 lakhs would be refunded with interest

3) if wife with draws her consent MCD would be dismissed

4) husband has to file appeal against dismissal of divorce petition mention he paid Rs 5 lakhs and is willing to pay balance amount of Rs 3.6 lakhs

Ajay Sethi
Advocate, Mumbai
96808 Answers
7811 Consultations

1.In MCD if in the final motion either party remain absent then divorce can not happen.There is no legal ways to force her to come to attend the hearing.

2.Now if she is unemployed then she is entitled to maintenance both for herself and the child.

3.So your friend can either settle with her by paying an agreed money or become ready to face cases if his wife files the same for her maintenance.

Devajyoti Barman
Advocate, Kolkata
23198 Answers
511 Consultations

1. This is a common practice wherein wife takes a substantial part of the total amount and then abstains from attending the court on the second motion, which will result in dismissal of MCD petition by the court and then harasses the husband to shell out 5 times more the amount which was finally agreed upon earlier. Your colleague should have given a post dated cheque, payable on the conclusion of second motion.

2. The court will have no option but to dismiss the MCD petition if she does not appear.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

Sir, if she do not come divorce will not be granted.. If you have adultery grounds then it's better to go for divorce on Adultery bases.. You can file a case of cheating if she do not appear on second motion and recovery suit for recovery of your money

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

dont bow down to [pressure tactics. refuse to pay Rs 50 lakhs demanded by wife

2) if wife does not attend court tomorrow court would adjourn the case

3) divorce decree has to be passed within period of 18 months of filing of petition by mutual consent

4) if wife with draws her consent petition would be dismissed

5) you can file appeal against dismissal of divorce petition as advised earlier

Ajay Sethi
Advocate, Mumbai
96808 Answers
7811 Consultations

If she is not appearing before court for the second motion in the MCD proceedings, then the court court may dismiss the case. It will be an advantageous situation for him for tile a contested divorce on the grounds of cruelty besides adultery.

Tell your friend to not to budge to pressure demanding exorbitant amount in the name of alimony, let she do anything, he has grounds to defend his interest.

She cannot file any case for his bad habits because there is no provision in law for that.

T Kalaiselvan
Advocate, Vellore
87009 Answers
2335 Consultations

wife is not ready. her demand is on higher side.

what is the solution.tomorrow is the 2nd date for second motion.kindly help.

If the wife is not ready for the 2nd motion of MCD then ask your friend not to be worried, let shre absent herself and the court dismiss the petition.

He can issue a legal notice to her demanding the return of the amount she has taken already from him and also let him file a contested divorce immediately.

T Kalaiselvan
Advocate, Vellore
87009 Answers
2335 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer