Wife is always at liberty to withdraw her consent t for divorce
2) mane only 20 percent payment at time of filing of MCD and balance 80 percent at time of second motion
Section 23 compromised decree under RCR petition (section 9)
My wife filled section 9 RCR petition 2 years back but we are not in the situation to join back. We came to a settlement amount. My lawyer is suggesting to file compromised Petition(section 23) in the same RCR case to get the divorce degree immediately or We have to file separate Mutual consent divorce but the half of the payment has to be made while filling the MCD and the remaining has to be paid after 6 months(at evidence stage). I dont trust my opponent they change the words very often, if we file MCD and after 6 months can they change the words and again drag the case? If i go with Compromised petition, will there be any issues in the future? Is it ok to go with Compromised petition divorce degree? He mentioned he will mention all the terms and condition in the compromised petition itself.
Asked 3 years ago in Family Law
Religion: Hindu
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13 Answers
1. The decree would be passed in Section 23 immediately.
2. It is a common practice in MCD to take x amount of finally settled amount and then back out from the petition.
3. Better option is to take recourse to Section 23.
Your counsel is suggesting right because RCR( Sec.9) is parent petition and will give immediate a court's stamp which will be beneficial for future, nothing can be changed after that .
Yes. Filing of MCD alone doesn't ensure mutual divorce unless after 6 months parties after appearing physically the parties asks for divorce on mutual consent.
On the basis of compromise petition mutual divorce is not permissible.
- You can entered into an MOU with her at the time of filing mutual divorce petition , and submit the same with the joint petition of First Motion.
- Further this MOU can be used to withdraw the RCR petition as well with the application of settlement.
- You should pay only 25 percent amount only at the time of filing of First motion , and balance pay before the court at the time of second motion i.e. final decree . as she can withdraw her consent after the first motion , and court cannot force her to appear on second motion legally.
In my opinion it is not advisable to file a petition under section 23 HMA, 1955 to convert the petition filed under section 9 of HMA.
Instead, let she withdraw the petition filed by her and you can file a petition under section 13-B HMA simultaneously, since the period of separation is more than 1 year, you can file a joint affidavit seeking to waive the 6 months waiting period immediately after days of the MCD petition taken on file, so that you can settle balance amount also after confirming her decision to divorce thereupon.
These days it is not necessary to wait for 6 months period for second motion.
There is a detailed procedure so that they cannot go back on their word. A detailed MOU has to be prepared on a stamp paper. Both parties should retain copies of the same. Each and every thing must be written down. Based upon the MOU a MCD petition should be filed.
We decided to go with MCD and MOU, but I am paying 50% of the amount at the time of filling MCD. What actions I can take legally if they change the words in the final hearing?
Asked 3 years ago
1. A case for cheating under 420 IPC will be made out if she withdraws from MCD and does not return money paid to her.
2. You can then file for contested divorce.
If she is failing word keep up her word or do not turn up for the second motion to confirm the MCD proceedings then the case would be dismissed.
In that case he can file a suit for recovery of money based on the refusal to complete the mutual consent divorce on the conditions set out hence she is not eligible for the money that was already paid to her, you can recover the same.
if decree is passed and she changes you can take action before the decree you dont have any other remedy than to proceed against her in contested way
File care of cheating against wife if she takes money and withdraw her consent
- Since you have entered into an agreement i.e. MOU with her for file Mutual divorce , then you can mention therein that in case breach the agreement , then either of the parties will free to take legal action accordingly.
- Hence, if she refused to move second motion , then you can file a case on the ground of that MOU for the recovery of the paid amount .
You can compel them to record there consent at the stage of the second motion. AT best, you may ask them to refund you the settlement money/alimony paid at the stage of the first motion.
