• How soon can we file MCD

I got married in feb-2018 and we are staying separately from April

I and my wife have signed MOU and got it notarized. Along with other details it says

1. I have paid 8 lac with cheque no. XXXX as final settlement 
2. We will file MCD in future. 

How soon can we file MCD in court. Do we need to wait for one year completion of marriage. Which means I can only file MCD around April-2019

Is there any way where I can file MCD or Contested one before one year completion of marriage?

I want to get out of this hell, as I have already paid the money asked by her also

Please help
Asked 5 years ago in Family Law
Religion: Hindu

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27 Answers

Hello,

Yes you can only file a MCD after one year of the marriage. In any case you will have to wait for one year in order to get legal separation.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

Mutual Consent Divorce can be filed only after completion of one year of marriage.

For contested divorce you can file now also but for court to grant it you need to show valid reason like cruelty, mental instability, imprisonment, incurable disease, etc.

Abhilasha Wanmali
Advocate, Nagpur
1021 Answers
1 Consultation

4.8 on 5.0

The mandatory waiting period for filing divorce is one year of marriage. However, if you feel that you are encountering exceptional hardship and your marriage has irretrievably broken down, you can file petition for divorce u/s 14 of the Hindu Marriage Act which statesthe court may, upon application made to it in accordance with such rules as may be made by the High Court in that behalf, allow a petition to be presented[before one year has elapsed] since the date of the marriage on the ground that the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

You can file divorce prior to one year only in case the court permits to do so. You can file an application before the family court seeking permission to file divorce prior of one year in case court rejects an appeal can be filed before high court seeking permission.

If court doesn't allow then you have to wait for one year from day of marriage to get a divorce.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

separately for a period of one year or more before the presentation of the petition for divorce and that during this period of separation noy able to live together as husband and wife.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You can file MCD in April 2919 after staying separate for period of one year of marriage

2) you cannot file MCD before expiry of one year of marriage

3) only in exceptional circumstances can you file for divorce before expiry of one year of marriage

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

1) Actually one should have not paid her money.

2) You can go for annulment of marriage so you will be not called as divorcee in future.

3) As of now you can go for annulment of marriage as per Hindu Marriage Act.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

Firslty, the MOU which you have been talking about may have been denied by your wife, but as you have paid through cheque.

Secondly, there are some provisions for which you may have been asked to wait for some time for filing the same.

Thirdly, in your case there may be optional to wait or not, so I advice you to go for it and file the same.

Sanjay Baniwal
Advocate, South Delhi
5473 Answers
13 Consultations

5.0 on 5.0

You need to wait for one year period before filing for divorce. There is conflict of decision some courts do allow for filing of MCD before the statutory period but it is done in very rarest case. As such you need to wait for one year either for contested divorce or MCD.

If you file for MCD before statutory period you may have to file a memo as to why the matter has to be decided before statutory period and it will be discretion of court to accept petition or to reject it.

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

5.0 on 5.0

You have to file petition for MCD after April, 2019 only

Konda Srinivas
Advocate, Hyderabad
211 Answers
2 Consultations

Not rated

Hi,

Yes, you would be required to wait for one year from the date of separation. Then only you can file Mutual consent divorce petition. Hope this helps!

Regards,,

Adv. Prafulla Paranjape

Prafulla Paranjape
Advocate, Pune
27 Answers
6 Consultations

4.9 on 5.0

As far as a mutual-consent divorce is concerned, a petition can only be brought by both the parties to the marriage on the ground that they have been living separately for one year or more and they haven’t been able to live together.

So to answer your question, you currently do not meet the above statutory requirement as of now and won’t do—as you are well aware—until next April.

I would advise you to be patient.

Pulkit Chandna
Advocate, New Delhi
208 Answers
5 Consultations

4.9 on 5.0

If everything is signed and settled it will be a best option to apply in the court for permission to file McD before completion of one year in case court allows you can file a NCD and need not to wait for completion of one years to file a divorce petition

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

This is my response to you:

1. Ask her for the acknowledgement for the advance paid by you;

2. You can file for divorce only after one year;

3. You will have to have patience.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Under Hindu Marriage Act a petition for divorce cannot be filed in the first place earlier than a year from the date of marriage. This condition can be waved in cases of extreme hardship but it does not apply to mutual consent divorce. So you have to wait till February 2019.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1) You can file MCD after one year and you both living separately for more than 6 months.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

Wait for expiry of one year . Then file for divorce by mutual consent

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

In that case, 90 percent of the answers here are correct. As for this particular answer, it would be a very huge gamble and payoff if any would be against the letter of the law.

Perhaps the author of this particular answer has the year-long pre-MCD period of separation mixed up with the 6 month cooling period that follows the filing of a mutual-consent divorce petition. The latter in extraordinary circumstances can be waived and the Supreme Court has said as much. As for the former, it is highly unlikely.

Pulkit Chandna
Advocate, New Delhi
208 Answers
5 Consultations

4.9 on 5.0

In that case you have to pray before court that there is extreme hardship in the relation and both the parties want and ready for divorce mutually so in that situation court can grant you permission to file divorce prior to one year.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You need to apply for the court permission as a special case to allow for the petition.

If allowed you may go for filing the petition.

Other wise this is the rule to file the divorce.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

A petition for mutual consent divorce cannot be filed earlier than a year..In a case of contested divorce though the period of one year can be waived.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

file an application in court seeking its permission to file MCD before completion of 1 year on basis of the MOU signed between you and your wife

if the parties dont want to wait for a year, the court will not force them to do so

Yusuf Rampurawala
Advocate, Mumbai
7483 Answers
79 Consultations

5.0 on 5.0

In your case, getting permission to file for MCD or otherwise before expiry of one year is highly unlikely. Such a request is entertained under exceptional circumstances where the case is of extreme distress or depravity.

Shekhar Banerjee
Advocate, Delhi
156 Answers
1 Consultation

5.0 on 5.0

In my experience, court would only grant you permission in case of extraordinary circumstances only and not in normal case scenarios. So, it's always advisable to file it after a year, if such extraordinary circumstances cannot be proved in court to avoid wastage of legal fee.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

For contested divorce you may have to wait for one year form the date of marriage but the trial proceedings will take place for more than three years.

For filing MCD you may have to wait for one year from the date of separation . his will be disposed within 6 months from the date of filing the petition seeking MCD.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

One of the answers here said -"If everything is signed and settled it will be a best option to apply in the court for permission to file McD before completion of one year in case court allows you can file a NCD and need not to wait for completion of one years to file a divorce petition"

In this case what shall I tell the court. Because 90% answers say we need to wait for a year.

You have been misinformed about this.

This clause shall be applicable on extreme circumstances for filing contested divorce alone.

This situation will not be help you to file MCD.

You have no respite other than following the procedures or law in this regard.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

The court will not allow such application

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

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