Mutual divorce petition can nkt be decided in your absence.

You may file an application for withdrawal of your consent from Mutual consent divorce.

If it is withdrawn and they proceed to file a divorce case then notice will be served upon you and you will get fair chance to represent yourself.

In my advise if you dont want to remain with her and terms of mutual consent are neutral then you go ahead for MCD because fighting a contested divorce will take a lot of time and money

Regards

1) your personal presence is necessary at stage of second motion

2) if you with draw your consent divorce petition would be dismissed

3) if you do not attend court no orders for dissolution of your marriage would be passed and it would be dismissed

4) in case husband files fresh application for divorce you can contest the divorce proceedings

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

1. The MCD remains valid for 18 months from the date of filing. So if 18 months has not passed in your case it is still alive.

2. Without presence of both parties the court can not grant mutual divorce.

3. If you file petition withdrawing your consent the same would be cancelled.

4. During pendency of this MCD no fresh divorce suit can be filed.

5.Yes,indeed.

1.mutual consent divorce application hold the court up to 18 months from the date of filingof the application.

2.court could not grant Divorce without your presence in second motion.

3 If you are not attend the court , the court will reject the application.

4.if they file a fresh case of Divorce.then court will issue notice to you for appearance before the court

5.It is your duty to attend before the court. The court could not have a prejudiced mind.

Hii, you can simply appear on the prescribed date on 2 motion and refuse to go ahead with mutual divorce .. The court will dismiss the application.. The court cannot grant in your absence .. 2 ) in case they file fresh case you have to contest it on valid grounds .. It is advisable to visit on the next hearing and refuse for mutual divorce

1. Mutual Divorce is possible only if both spouses appear before the court on both motions and reiterate their consent to dissolve the marriage, failing which the court has no option but to dismiss the petition for mutual consent divorce.

2. If you do not appear the petition will be liable to be dismissed, in which event your spouse will be at liberty to file a petition for divorce unilaterally which you can contest on merits.

Dear Querist

My opinion on your queries are as under:-

1. Is that mutual consent divorce application still valid.

Opinion:- Yes, but your presence will be required and if you are not interested to give divorce by way of mutual consent then nobody can force you to give your consent.

2. Can court grant Divorce without my presence.

Opinion:- No, mutual consent divorce can not be granted until you appear before the court and give your statement for the Mutual Consent Divorce.

3. How can I get my divorce application cancelled.

Opinion:- you may file an application before the court where the mutual consent divorce is pending for withdrawal of your consent.

4. What will happen if they file a fresh case of Divorce.

Opinion:- you have to fight the case on merit as per the allegations alleged by him.

5. Will court give me fair chance to represent the case as i have not been able to attend the court proceedings on previous occasions,

Opinion:- yes, the court will give you all the opportunity to file your written statement and lead evidence and cross examination of your husband and his witnesses.

Feel Free to Call

there is 18 months cooing period but you can withdraw your consent any time before passing of divorce decree notwithstanding that cooling period has elapsed.

2. Can court grant Divorce without my presence.

no, court cannot pass any decree without your consent because MCD is purely a contract to end the marriage. ex-parte order cannot be passed in MCD.

1. Unless you do not appear, mutual divorce will not be granted. So, this case will remain pending if you do not appear. You may also appear in the court and withdraw your consent.

1. The mutual consent petition can be kept adjourned upto 18 months by the court to decide and dispose the petition, if you are not willing to mutual consent divorce, you may appear before court and express that you are withdrawing your consent and you do not want to go ahead with the current case.The court will dismiss the petition after receiving a written memo from your side.

2. The court will not dissolve the marriage without confirmation from your side.

3. Appear before court on the next date of hearing and express your unwillingness to continue with the present mutual consent divorce case and you want to withdraw your consent, the court will record your objection and dismiss the case.

4. If he files a fresh case it will be a contested divorce case, which you can challenge on the basis of merits in your side.

5. The court will decide the case only after hearing both the sides.