• Withdrawal of MCD - Fraud, forcefully and coersion

Can I withdraw the MCD by showing evidences that it was obtained forcefully, under coersion and file a contested divorce case?

Wife commited adultery, have a lot of audio recordings proving the same. Can I use adultery as a ground for my contested divorce case? Will my evidences prior to MCD first motion date be valid?What are the implications with regards to perjury?

She has also breached the terms and restricting my access to son. The terms say that the consent terms become invalid if any party breaches the terms. 


what allegations should I be choosing? What would be a good strategy to follow?

Wife earns much more than me...
Asked 3 years ago in Family Law from Mumbai, Maharashtra
Religion: Hindu
why you want to withdraw  MCD & apply for contested divorce
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
Better go for MCD only and not for contested divorce.  Contested divorce takes a very long time and its difficult to prove in court, inspite of your having lot of proof for the same.
Shashidhar S. Sastry
Advocate, Bangalore
1280 Answers
65 Consultations
5.0 on 5.0
1. What can be the big idea for a man to withdraw from the MCD which is wife has already agreed to & go for contested divorce petition?

2. Contested Divorce case will take years whereas MCD will be completed after just 6 months,

3. When you want divorce, then why should you go for contested case & not MCD?
Krishna Kishore Ganguly
Advocate, Kolkata
13228 Answers
280 Consultations
5.0 on 5.0
1) in the event you fail to remain present in second motion divorce petition would be dismissed . 

2) you can file for fresh divorce on grounds of adultery but it would take years to be disposed of . 

3) best strategy is to continue with divorce by mutual consent only
Ajay Sethi
Advocate, Mumbai
26123 Answers
1420 Consultations
5.0 on 5.0
1. First disclose whether second motion is completed or not.
2. IF second motion is completed and decree of divorce is granted then you have to file a civil suit for declaration for declaring the decree of divorce as null and void.
3. if second motion is not complete then you can simply refuse to go for mutual divorce and then file a suit for divorce on cruelty/adultery ground.
Devajyoti Barman
Advocate, Kolkata
6478 Answers
72 Consultations
4.9 on 5.0

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