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MCD Agreed ? 498A and 4DP pending
31-Dec-2023 (In Divorce Law)
After 6 years of legal battle of CP Divorce and CRP Maintenance, we have agreed for MCD. we are living separately for 6 years now
My Query ?
1. What is the process of MCD ( time taken or given by court etc etc.)
2. Should I pay the one time final settlement before or after the withdrawal of the 498 A and 4DP
3. Can she back out from MCD after taking the money
4. what if MCD is dismissed after she rescind from MCD at a later stage. Will there be any consequences that will affect me after that ?
I don't want to pay her before the withdrawal of the cases against me. I don't want to pay in even parts or installment. Kindly guide me through.
As the Divorce caee is pending since such a long time , the Courts shall not insist for 6 months of minimum period of Time, as is normally required for a MCD. In your case also , it shall be considered as a Mutual settlement , than a Mutual Consent Divorce. And when all settlement issues are taken care of by both the parties, the Divorce Order can be passed in one day, by tge Family Court. And answering your other questions , I may suggest you , to take care of the withdrawal of the Criminal cases ( 498A etc.) and DV matter , before paying any settlenent amount / Alimony for Divorce.. In many instances , wife's side do not cooperate in withdrawing criminal cases / DV cases or also do not cooperate in getting the Divorce , when they get the settlement amount in advance. One need to be very careful in arriving at such a settlement , when multiple cases ard pending . But it is legally possible to get all such cases resolved simultaneously . And I suggest , you to pay the settled amount, only after criminal cases are withdrawn and only on the date, fixed for passing the Divorce Order, Not before that . And this type of arrangement can be made by executing a Settlement Agreement between the Parties, before proceeding further.
Helpful?
Adv. Pradipta Varma
Bhubaneswar | 25+ Answers
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