• Wife not appearing in court for MC divorce

Myself and my wife had filed for mutual consent divorce and the first hearing was in july. I was ready with the alimony amoun too but she started crying and all and we were asked to appear on a later date. The next hearimg a is in october (now)but the lawyer says she isnt keeping well and wont ne able to attend court. Knowing her I know she would keep postponing the dates. Is it mandatory that she should be personally avbl in the court? Both of us dont live in d city and since i'm mostly travelling on duty I need to settle this asap.How can i settle this w/o more delay?
Asked 4 years ago in Family Law
Religion: Hindu

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20 Answers

Here personal presence is mandatory.

Send her a notice that if you do not appear on the subsequent date then you will withdraw the MCD petition

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Even if it is MC the presence of wife is mandatory before the court and without her presence the court will not proceed.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

In mutual consent both needs to appear before court if she doesn't appear and if you object her non appearance court can dismiss the petition due to non appearance as such its advisable to seek for short adjournment. She has to be present before court for proper adjudication of decree of divorce by court.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

if your wife fails to appear or refuses to attend court at time of second motion court wont grant you divorce by mutual consent . The divorce petition filed by mutual consent would be dismissed and you have option of filing fresh petition for divorce on grounds mentioned in Hindu marriage act .

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

1) You both can sign in MoU of mutual consent divorce and submit in court. Let court pass the order.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Under Section 13-B of the Hindu Marriage Act, 1955, the parties can seek divorce by mutual consent by filing a petition before the court. Mutual consent means that both the parties agree for peaceful separation.

Mutual Consent Divorce is a simple way of coming out of the marriage and dissolve it legally. Important requirement is the mutual consent of the husband & wife. There are two aspects on which Husband & Wife have to reach to consensus. One is the alimony or maintenance issues. As per Law there is no minimum or maximum limit of maintenance. It could be any figure or no figure. Next important consideration is the Child Custody. This can also be worked out effectively between the parties. Child Custody in Mutual Consent Divorce can be shared or joint or exclusive depending upon the understanding of the spouses.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

personal presence is necessary of both the parties

2) convince your wife to attend court on adjourned date

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

if wife does not appear in court you would not get divorce

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

personal presence is necessary .

court would not grant you divorce in her absence

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

hello

the presence of both the parties is essential for the divorce. the court waives off this condition but only when she is unable to travel and has a serious disease which is not a case here. therefore you have to persuade her to come to the court. try to talk to her through her relatives/lawyer. this is a common phenomenon among women. I don't know why they do this but more often than not they do it to enhance the compensation and put pressure on the spouse.

regards

Rahul Mishra
Advocate, Lucknow
13754 Answers
65 Consultations

5.0 on 5.0

Dear Client,

In her absence, MCD can`t be order. In MCD, parties cannot be forced to agree with settlement and at last motion either party can withdraw consent.

Request court to summon her, so that her actual intention should be known whether she wants to continue with her consent or not

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Yes for recording the consent her presence in mandatory in the court. You can ask her to come and can ask if she want anything else to settle may be she is avoiding for a reason,

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

See its on your wife if she deny nothing can be done other then filing a contested divorce.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

No take permission for the vedio conferencing signing wont do.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear Sir,

The following information may kindly be read.

Divorce by Mutual Consent Step by Step Procedure

Hindus: Under Section 13B of the Hindu Marriage Act, a husband and wife can file a mutual divorce only when they have lived apart for at least a year. The couple must jointly mention about inability to continue the marital relationship due to some unavoidable circumstances. Both the sides must voluntarily agree to dissolve the marriage. The filing of a mutual divorce by both the husband and the wife is termed as ‘the first motion’. A couple can file for a second motion after a gap of six months. This time span is provided to the couple so that they get time to reconsider their marriage. A divorce decree can be passed before the completion of the six months term if all the mandatory requirements are sufficed. If the divorce file is not withdrawn within 18 months,the court passes a divorce decree. In case one of the sides withdraws the petition,the court initiates to make an enquiry. If the concerned side disagrees to give the consent,the court holds no right to pass the judgment.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

First and foremost an MCD can be kept pending for upto 18 months. She doesn't need to be personally present in Court but her consent needs to be there for passing Decree of Divorce. If consent is there but she is not able to attend to Court, then the same can be recorded through video-conferencing. the best way to resolve this would be to speak to your wife and get her to come to Court.

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

It is pertinent that she appear before court and confirm her consent for the mutual consent divorce.

If her lawyer represents in the court on the next hearing then the court may adjourn the matter to another date or the court may even dismiss the divorce case.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

Since its MC and i have agreed to pay the full settlement amount what are the chances that i can get it done without more hassles?

No doubt you have agreed to pay the amount towards full and final settlement, but this cannot force her agree to the mutual consent divorce if she is not willing to go ahead.

You may file a contested divorce if this case is dismissed.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

She is the one who has filed for the divorce. Is it sufficient to send it to her and get them signed stating her physical illness ?

No she has to be physically present before the court to confirm her willingness for this mutual consent divorce, otherwise the court may dismiss the petition for non-appearance and no representation from her side.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

1. The court cannot decree the mutual consent divorce petition unless both spouses appear personally before it and reiterate their consent to part ways.

2. You may seek another adjournment on the next date but eventually the court will dismiss the petition if she continues to remain absent.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

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