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What will happen if I don't sign the second motion petition


25-Feb-2023 (In Family Law)
After very good 7 years of our marriage life my wife fall in love with someone ales they wanted to divorce. I also try one year to patch up the problem but they don’t agree and They are living alone unknown place with the help of the boyfriends.As per her wish I and my wife file a MCD on date 01/09/2016 and In MCD they agree that they don’t want any alimony from me or any property and also take they both child custody ( Grils 5 Year & boys 2.5 Years ). ow almost six month was completed my next date 06/03/2017. Still they wanted divorce I don’t want? Because of my child.They fact reality is they don’t capable to take care of my child welfare and education on her own capability. This all happen on the back support of her boyfriends only. Her entire family member are supported me Please guide us ? 1.What will be best way to resolve the issue? 3.They file false DV against me and my family? 5. If I sign the divorce in MCD can I apply child custody separate case against her?6. Last if the
Answers (2)

Answer #1
649 votes
Now you can mutually consent divorce. But now you have not child custody. Your children aged 7 years after you can decided children's custody. Till 7 year child custody has mother.

Atul faldu, Advocate, Rajkot
Answer #2
502 votes
Hello, first of all u can directly challenge the false case she filled under DV act and get stay on it, secondly u can always take back your consent for mutual divorce if she is breaching any condition of it , for more details you need to have a personal meeting wit me . Thanks

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