• MCD petition

I had filed a divorce petition on cruelty in Bangalore.The same was stayed by SC , based on a transfer petition by my wife. Now we want to file MCD petition in Thane.Does the transfer petition and the divorce petition on cruelty need to be withdrawn before we file for MCD
Asked 7 years ago in Family Law
Religion: Hindu

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13 Answers

  1. As per the information mentioned in the present query, makes it clear that now you both want to go for MCD.
  2. The family court always believes in saving the marriage or if not possible then try to give them a way which may not hurt the feelings of both range parties involved in the case.
  3. Yes, you will have to withdraw the same, only then you can go for MCD.
  4. As far as the transfer petition is concerned, it stands disposed off once the relief of transferring any matter has been over. So, may not need to withdraw the same if allowed.
  5. But, yes if only proceeeidngs have been stayed hot actually allowed to be transfer then you may have to withdraw the this also.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

You have to with draw divorce petition filed by you on grounds of mental cruelty if you want divorce by mutual consent . Also with draw transfer petition 

 

2) in alternative make application for conversion of existing petition for divorce into divorce by mutual consent 

 

3) consent terms can be filed in court together with affidavit in support 

Ajay Sethi
Advocate, Mumbai
99977 Answers
8160 Consultations

Before filing MCD you have to withdraw earlier filed divorce case. 

Mohammed Mujeeb
Advocate, Hyderabad
19373 Answers
32 Consultations

Yes the transfer petition and contested divorce need to be withdrawn when you are filing MCD

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Sir u already filed Divorce petition in Bangalore.. now.. u want MCD .. then.. if Ur wife agreed for mutual consent divorce.. in the same petition only u can take mutual consent divorce.. by agreriag in mediation.. u tell to mediator that we both already agreed for mutual consent divorce.. and we both r ready to take divDivo...

No need to withdraw.. just go for mediation through court and .. in mediation tell to mediator.. about both wants to take Divorce by mutual

Kavery Anand Pandharpurkar
Advocate, Bangalore
342 Answers
12 Consultations

A case of mcd has to be filed therefore either the cases be withdrawn or the case of divorce on grounds of cruelty be converted into a mcd petition. As you want to file it in thane....you should withdraw the case in Bangalore and also the transfer application and then proceed in thane by filing a fresh case of mcd.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You can file an MCD now, and withdraw the case at SC on the next date of hearing, whenever it comes up. But, you have to bring to the notice of the court that you have filed a contested divorce which is stayed and give an undertaking to withdraw the same on the next date of hearing at the SC.

Sandeep Prakash
Advocate, Bangalore
308 Answers
2 Consultations

No need to withdraw the same. You can file a fresh MCD.Divorce by Mutual Consent is as the name suggests is when both parties ie; husband and wife comes to a mutual understanding that the marriage be dissolved amicably. It is clear that one of the parties may withdraw their consent at any time before the passing of the decree. The most important requirement for a grant of divorce by mutual consent is free consent of both the parties.

Ajay N S
Advocate, Ernakulam
4125 Answers
114 Consultations

 

Dear Sir,

You have two options. You may proceed with filing of MCD saying that you will withdraw Divorce petition and wife will withdraw transfer petition after first motion of MCD

OR

Just with draw both cases and go for MCD.

In second option there is some danger situation for you.

Kishan Dutt Kalaskar
Advocate, Bangalore
6244 Answers
500 Consultations

1. Yes, as long as any matrimonial proceeding is pending no MCD can be filed.

2 . So fisrt withdraw the trasnfer petition and the divorce suit and then you can file the MCD.

3. To withdraw the tranfer petition it will take some time.

Devajyoti Barman
Advocate, Kolkata
23659 Answers
538 Consultations

Yes you have to withdraw the previous petitions and file a fresh mutual consent divorce petition in the court.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Transfer petition and the divorce petition needs to be withdrawn finally before you and your wife move the Second motion under Section 13B(2) of the Hindu Marriage Act

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Yes, the pending cases may first be withdrawn in order to file a fresh MCD

T Kalaiselvan
Advocate, Vellore
90179 Answers
2506 Consultations

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