• Legal notice for MCD with false allegations

Wife (working MBBS doctor ) sent legal notice for MCD with false allegations on my mother and myself asking signatures on MCD agreement with in 10 days. (No DV or dowry ground, as nothing was happened). 

The marriage not even completed 6 months yet and she already staying at her mother’s house since last 2 months. 

My question is, can I ignore the MCD legal notice as it’s not even one year completed to file MCD?

And what will be implications, if I ignore this first MCD legal notice sent by her lawyer ? Can they file divorce on cruelty grounds with false allegations if I ignore MCD notice before term?

What should be my way of action to protect my mother and myself from all these harassments?

What should I do for this emotional, financial, time abuse, disrespectful treatments, threats and family embarrassment done by my in-laws for no reason?

Can she still ask for alimony being she is working doctor?

Thank you all in advance. God bless.
Asked 2 months ago in Family Law
Religion: Hindu

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8 Answers

You must send reply to legal notice denying allegations made in said notice 


2) divorce petition can be filed after expiry of one year of petition 


3) only in exceptional circumstances can you file petition before expiry of one year of petition 


4) wife would not get alimony as she is working doctor  unless there is substantial differences in your incomes 

Ajay Sethi
Advocate, Mumbai
90341 Answers
6612 Consultations

5.0 on 5.0

First of all, you can sent reply of that notice.

You can say instead of MCD will go for Nullity of marriage, so in future you wii be not called as divorcee.

She can claim for alimony but if you go for Nullity of marriage than chances are very low.

Ganesh Kadam
Advocate, Pune
12669 Answers
211 Consultations

4.9 on 5.0

You should always issue a reply notice denying the allegations made in the legal notice. 

If your marriage is not yet one year old, then you may have to wait, but reply should be given.

The divorce petition cannot be filed within one years from the date of marriage even on the grounds of cruelty.

If she is lodging any criminal complaint then you may obtain anticipatory bail and .challenge the case in court of law as per law on the support of documents and merits on your side.

If she is filing any cse for maintenance, you can collect the evidence for all her income  and repudiate her claim in your counter objection to her petition for maintenance.


T Kalaiselvan
Advocate, Vellore
80511 Answers
1729 Consultations

5.0 on 5.0

  1. Yes. You can completely ignore the legal notice for MCD. or, you may reply to the legal notice clearly stating your intention whether you desire to annul the marriage by mutual agreement or not. 
  2. No divorce proceedings on MCD will be instituted by any court,  if you aren't willing to annul the marriage on mutually agreed consent terms. 
  3. The only option for your spouse would be to institute a contest divorce petition before the court. There she has to justify her grounds and you will have ample opportunity to defend yourself and plead your prayers.
  4. You obviously do require the services of an expierenced counsel (advocate) in this matter. I extend my services to you. But to be able to assist you, I need an exhaustive consultation session with you first. You'll have to visit me for that. 
  5. I understand you are based in Thane. I'm based in Mumbai /NaviMumbai, so it shouldn't be much of an issue for you to visit me for consultation. 
  6. ९८२०८९७८८४. (Nine eight two zero eight nine seven eight eight four) 

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1457 Answers
5 Consultations

4.4 on 5.0

- As per Supreme Court judgment, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter. 

- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.

- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.

- As per law , there must be one year separation for filing the MCD , however it can be waived under specific circumstances. 

- Further, if she wanted divorce from you , then she should not level false allegations against you , it means that on your refusal for MCD she is making grounds for filing contested divorce case on the ground of cruelty 

- Hence, you should reply the said legal notice after rebutting the same.

- Further , if your income is more than her ,then even being a doctor she can claim maintenance from you , otherwise she cannot claim the same . 

Mohammed Shahzad
Advocate, Delhi
10835 Answers
136 Consultations

5.0 on 5.0

A earning wife is not entitled for any maintenance but she is entitled for alimony after divorce. There is no preventive vaccine against criminal prosecution. If she wants, she can file all sort of civil cases and criminal complaints available to her in law. Issue a replay in conciliatory terms without expressing any malice. Don’t mention any incident of conflict in the  reply. Remember your reply will be used in Court. You can only react to actions taken by her.

Ravi Shinde
Advocate, Hyderabad
3605 Answers
42 Consultations

5.0 on 5.0

Dear client,  I am sorry to hear that but in this case your wife cannot ask for early money if she is working however there are some situation where and even if the wife is working at the money is given to her. Their food the alimony is totally based on case to case bases

Anik Miu
Advocate, Bangalore
6092 Answers
66 Consultations

4.9 on 5.0

you can ignore the legal notice from lawyer but you need to attend the proceedings before family court

Prashant Nayak
Advocate, Mumbai
28979 Answers
109 Consultations

4.1 on 5.0

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