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Author Topic: Is it possible to grant Decree on the day of first evidence in the MCD  (Read 476 times)

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Offline bhushan.telu@gmail.com

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Hi,

Me and my wife planning for MCD(Mutual consent Divorce), she filed IPC 498a on 03/2013 and MC on 06/2013. Then i have filed divorce under Sec.13 (1) (ia)in family court on 02/2014. Recently we came for compromise, i agreed to pay Z amount as full and final settlement.
we have applied for convert existing divorce under Sec.13 (1) (ia) to 13 B under MCD(Mutual consent Divorce), and request to waive of cooling of period 6 months time. This petition has been allowed in family court .

1. Wife/Lawyer forcing to me to pay full amount on first day of joint petition, it is safe ?
2. My Lawyer telling that decree will be passed on first day of joint petition , because family court already waived of cooling of period 6 months time through amendment petition. is it possible ” decree will be passed on first day of joint petition “?
3. Is it mandatory to withdraw all pending cases including 498A before the order of decree passed ?
4. Can i pay “full and final settlement” amount in two terms ?, please suggest me on this

Thanks
Naga

Offline adv.amarnath

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  • Advocate Amarnath Sanyal from Kolkata, West Bengal
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1. Wife/Lawyer forcing to me to pay full amount on first day of joint petition, it is safe ?
Ans: Absolutely Not, once you pay entire amount, she will never come on the date of evidence.

2. My Lawyer telling that decree will be passed on first day of joint petition , because family court already waived of cooling of period 6 months time through amendment petition. is it possible ” decree will be passed on first day of joint petition “?
Ans: No, on the date of evidence, decree of divorce will be passed.

3. Is it mandatory to withdraw all pending cases including 498A before the order of decree passed ?
Ans; Not exactly. Both parties consent as well as P.P. consent is required to with draw criminal cases.

4. Can i pay “full and final settlement” amount in two terms ?
Ans: Yes, it is generally practiced.

Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline bhushan.telu@gmail.com

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Thank you so much sir for your valuable responses.

Offline advjaibansal

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Dear Sir,

Please pay the amount in two instal lament and the final amount at the time of recording of the second motion of divorce. If they don't agree then, you may also agree that you will deposit the draft in the court and the same may be released to them after passing of the decree of divorce.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

 

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