• MCD filed but Wife not honoring it after the 6 month wait

Hello
My story in brief: We were living in Chennai with 2 boys aged 9 and 6 when in 2010, after a series of violent fights, complaints against me in various forums like Police station, Social Welfare Board, State Human Commission, Commissioner of Police, my office etc etc, she left the house in Oct 2010, Since then I got transferred to Pondicherry and am bringing up the boys on my own.
 
In 2011, she forcefully occupied the flat we were living in (Which belongs to my mother) and filed RCR, IM, Child Custody cases against me with various false allegations. In return, I filed for divorce in 2013 by which time it was already more than 2 years since separation.

In the meantime, she pulled my entire famliy to court including my mother by filing a suit claiming that they were trying to throw her out of the house, actual fact is none of them even reside in India. 

The judge sent us to the mediation centre and after more than a year an agreement was made, I was to return the jewellry that was in my possession (Gifted to her by me and my family) and pay 50% of the agreed amount when the MOU was signed and MCD was filed in court. The same was done in Apr 2015. Now we had to wait till oct 2015 to come back and give the remaining amount and appear before the judge and confirm our intentions. 

Here she started giving various excuses and finally in July 2016 she said that she is not interested in the divorce settlements and that she needs more money. In the meantime, my mother became impatient and based on her lawyer's advice, gave her an X amount to vacate the house and got back the flat. 

Now, she has my 50% + my mother's big payment and is threatening me various things,. 
The judge had asked her to repay the amount i had given her, but said that she cannot insist since the agreement was made out of court. So she is not giving that back, nor is she signing the final settlement.

My questions are
1. What is my future course of action ? (It's already 5 years since RCR was first filed in court)

2.Will I get any symapthy from the court for having been double crossed by her ?

3.Will the amount paid by my mother (Which I have to repay) be taken as part of her settlement ?

4.Will I ever get a divorce or will she be dragging this forever ?

5.Do I have strong grounds for a divorce ? I am Christian, she has tortured me and the kids, foisted false cases and complaints against me, deserted me and her own children. All of these I can prove. 
6. How much longer will I have to endure this even after paying up ?

Sorry for the long post. Please give your valuable advice.
Asked 1 month ago in Family Law from Chennai, Tamil Nadu
Religion: Christian
1) if your wife with draws her consent and divorce petition is dismissed file  an appeal against order of dismissal . HC would grant you divorce as you have made 50 per cent payment to her on basis of MOU arrived at between you and your wife 

2) you would get court sympathy 

3) payment made by your mother would not be counted as part of your settlement 

4) you would get divorce 

5) you have strong grounds for divorce 
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
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1. This is a common design created and followed in MCD petitions by many wives who take x percentage of alimony on the first hearing and then do not turn up for the second motion to extort more money from husband. Be that as it may, unless she comes to the court to record her statement the court cannot grant MCD. The court will have no option but to dismiss the MCD if she does not turn up.

2. You will get some sympathy for sure from the court but nothing beyond it. 

3. To recover your amount you can file a suit for recovery and also a criminal prosecution for cheating under section 420 IPC.

4. You can independently file for contested divorce on the ground of cruelty.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
1. if she refuses to appear on the day of the 2nd motion of the MCD petition, you can not get decree of divorce and the petition will be rejected after 18 months from the date of its filing.

2. You can file a divorce suit now and are likely to get sympathy from the court for being cheated by your wife.

3. If any settlement amount is ordered, try to get the said amount paid by your mother adjusted with the order of the Court.

4. She is misusing the process of law for which you shall have to stay alert. You should file the divorce suit and follow it up closely to expedite the matter.

5. You have a strong case to win.

6. The MCD petition will be rejected if she does not appear before the Court after 18 months from the date of its filing. A freshly filed divorce suit may take 2 to 3 years to be disposed off if pursued properly by your Advocate.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
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1. What is my future course of action ? (It's already 5 years since RCR was first filed in court)

Have you withdrawn your divorce case, if yes, then you may file it once again and seek the relief of divorce on the grounds of cruelty citing all the incidents that took place so far.

2.Will I get any symapthy from the court for having been double crossed by her ?

The court will not be affected by the sentiments of the warring parties, it will decide based on the law involved in the case before it, so it is you who have to convince the court of your case and merits in your side. 



3.Will the amount paid by my mother (Which I have to repay) be taken as part of her settlement ?

That cannot be enforced by court, however your mother can file a money recovery suit if she does not wants that money to be part of settlement anymore or can pray that this shall be part of the ongoing settlement talks in this regard by producing the evidences of the payment before court.




4.Will I ever get a divorce or will she be dragging this forever ?

Depends on how you prosecute the case against her or take up the case through your lawyer hereafter.





5.Do I have strong grounds for a divorce ? I am Christian, she has tortured me and the kids, foisted false cases and complaints against me, deserted me and her own children. All of these I can prove. 

The case will be decided by court based on the merits and arguments put before the court by both parties. 






6. How much longer will I have to endure this even after paying up ?

You have to stop the payment now and start fresh talks on settlement. 

T Kalaiselvan
Advocate, Vellore
14137 Answers
127 Consultations
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