• MCD timeline and separation MOU

I want clarity on filing MCD.
Is it on completion of 1 year of marriage or on completion of 1 year of seperation. Marriage date: 20/2/2015
Seperation date: 4/8/2015

Also my parents signed an MOU, in presence of Agarwal samaj members, on 10.9.2015 with her parents and it was decided 7lakhs to be paid to them as reimbursement towards their marriage expenses they incurred during marriage. 

However I don't want to pay a single paisa since my dad has already spent 20lakhs on marriage. (No dowry taken. All belongings from both sides including jewellery have been exchanged on 26.11.2015. )
Please advise.
Asked 12 months ago in Family Law from Bangalore, Karnataka
Religion: Hindu
It is always one year separation that is taken into account for considering the MCD to be taken on file. 



The MOU need not necessarily be enforced in true spirits, but the hidden danger is that if she opts out of MCD at the second motion then the case will stand dismissed after which you have no chance than to file a contested divorce which will take few years to get disposed. 
You may talk about this with the girl's family and sort it out before going to court. 
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
The most important requirement for grant of divorce by mutual consent is free consent of both parties. .It is clear that one of the parties may withdraw their consent at any time before the passing of the decree. In other words, unless there is a complete agreement between husband and wife for the dissolution of the marriage and unless the court is completely satisfied, it cannot grant a decree for divorce by mutual consent.
The Conditions required under section 13B of the Hindu Marriage Act are as follows:
(i)	Husband and wife have been living separately for a period of one year or more,
(ii)	That they are unable to live together,
(iii)	 And that both husband and wife have mutually agreed that the marriage has totally collapsed, hence marriage should be dissolved
There are two court appearances in a mutual divorce. First a joint petition signed by both parties is filed in court. At the first motion statement of both parties are recorded and then signed on paper before the Honourable Court. Then 6 month period is given for reconciliation, and called after six months. After the first motion or at the end of the reconciliation period if both parties still don't agree to come together. Then the parties may appear for the second motion for the final hearing.  So in your case  better to ensure that she is present in  the court in second motion time. 
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
1) no divorce petition can be filed unless period of 1 year has elapsed from date of marriage except in exceptional circumstances 

2) for MCD you have to stay separate for period of 1 year . you may be staying in same house but not staying as husband and wife not having any physical relationship 

3) MOU signed by your parents will come in handy for your wife to claim Rs 7 lakhs from you 

4) for MCD it is better you pay her said amount 
Ajay Sethi
Advocate, Mumbai
23339 Answers
1220 Consultations
5.0 on 5.0
1. A year of separation is required unless the spouses are seeking to invoke the jurisdiction of the court on the ground of exceptional hardship.

2. It is you and not your parents who are required to sign the MOU. If you do not want to pay a single paisa then file unilaterally for divorce and let her contest it. 
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Hi, you can file a petition for Divorce after completion of 1 year of marriage and not 1 year of separation.

2. Any kind of agreement or MOU signed in relating to the marriage is not valid in the eyes of the law.

3. Don't pay any amount outside the court, if you want to pay the amount then you have to pay in the court only.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1) wife is highly qualified and earning handsome salary is not entitled to any maintenance 

2) contested divorce cases take 5 years to be disposed of 

3) no shortcuts for divorce . Best option is mutual consent divorce takes 6 months 
Ajay Sethi
Advocate, Mumbai
23339 Answers
1220 Consultations
5.0 on 5.0
She being a highly qualified and drawing a handsome income, may not be eligible for maintenance.  
You can repudiate her claim on the same basis.  
There are plenty of settled judgments in this regard rejecting the maintenance claim on this ground. 
The time taken for disposal of a case depends on various factors hence cannot be predicted, in the normal circumstances the maintenance cases should be disposed within two years and divorce cases may take more than three years too. 
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
1. MCD is filed after one year of staying separately. Normally we show that the parties are staying separately after 1 week of marriage and since both the parties agree to this matter thgere is no evidence required to prove this point before the Court,

2. Your father's signing MOU with her father will not help in the eyes of law. You and your wife shall have to execute the MOU and jointly file the MCD application,

3. Talk to your wife about the clear terms for giving MCD and try to pay a substantial amount of settled money at the court during the 2nd motion to ensure her attendance at the court which is compulsory for getting the decree of mutual consent divorce.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
No one can buy all things through money. When i child born he will grew up gradually. So wait for time  for getting out of the ridge from marriage. MCD is the only speedy process. All other process of law take more times.

The maintenance amount is calculated (approximately) by taking into account the total monthly take home income (ie. without tax) of both the spouses. The educational background of the spouses, the number of years of marriage, number of children and child custody are also major factors, which govern the maintenance amount. Maintenance amount can also depend on who well the lawsuit has been fought by the advocates of both parties. The spouse with lesser income or no income can get a maintenance amount, which will make his/her complete earnings (plus maintenance) to be equal to 20% to 30% of the above total monthly income. If a woman’s income is at least half of her husband’s income, then most often she may not get any maintenance. 
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
Nobody can tell what amount you may have to pay but it could be as high as 1/3rd of your salary. Considering her annual salary she stands disqualified altogether to claim financial support from you. Engage a competent lawyer to repel her claim. The time taken could be 2 years or thereabout.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0

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