• Regarding second hearing for mutual consent divorce

We have filed divorce by mutual consent on October 3rd 2018 and the second hearing was supposed to be on April 3rd 2019. But my wife said she is busy during that time and will be available only in May 2019. Whats the maximum time duration given by the court according to the family law after which the case will be dismissed?
Asked 2 months ago in Family Law from Chennai, Tamil Nadu
Religion: Hindu

See court can extend time upto 18 months in the mutual.divorce so if she is not available on 3rd a date in May can be taken as per convconvin of her , you and court.

Shubham Jhajharia
Advocate, Ahmedabad
14127 Answers
57 Consultations

5.0 on 5.0

the second motion Order can be passed between 6 to 18 months of the passing of the Order of First motion. 

Mohammed Mujeeb
Advocate, Hyderabad
6203 Answers
3 Consultations

4.5 on 5.0

Court can grant one month time if wife is unable to attend 

 

2) plea for divorce by mutual consent has to be decided by the family court after six months and within 18 months of filing of the petition.

Ajay Sethi
Advocate, Mumbai
59705 Answers
3613 Consultations

5.0 on 5.0

For case dismiss any one party continuously not presentband summons not served at single time after 1 year gets dismiss.

Ganesh Kadam
Advocate, Pune
6253 Answers
46 Consultations

4.9 on 5.0

Hi 

Since Mutual consent divorce is already filed and the second hearing is due on April 3, 2019 after the completion of 6 month window, your wife's lawyer should seek adjournment on April 3rd citing valid reasons. 

Courts have the discretion to grant one or two adjournments,but may dismiss the MCD if the rationale for seeking adjournment by 1 party is NOT convincing. 

Not sure why the wife is seeking adjournment that too at the time of second motion and more so when she is aware that the divorce will be granted at the time of second motion on April 3. 

Better to take steps to ensure that the wife attends the court in person on April 3rd if she is in india or take permission for video conference if she is overseas. 

Rajgopalan Sripathi
Advocate, Hyderabad
1600 Answers
240 Consultations

5.0 on 5.0

The court will award some time and then will provide exparte divorce if she doesn't turn up

Prashant Nayak
Advocate, Mumbai
7054 Answers
7 Consultations

4.8 on 5.0

It is 6 to 18 months right from the date of first appearance. 

Rajaganapathy Ganesan
Advocate, Chennai
1267 Answers
8 Consultations

4.9 on 5.0

Hello,

If you will appear or an application will come from another party for another date then the court will give another date. 

Inordinate delay and non- appearance of one party without any reason or intimation shall result into dismissal of the petition. 

Regards  

Anilesh Tewari
Advocate, New Delhi
14897 Answers
209 Consultations

5.0 on 5.0

1. Her counsel can seek adjournment on the second motion which the court should be happy to grant.

2. The maximum duration can be 18 months. 

Ashish Davessar
Advocate, Jaipur
25653 Answers
730 Consultations

5.0 on 5.0

In case she is not attending the motion date which is coming in April definitely you can get a date which is possible for her in May 2019 now this is your turn to ask to the court as per your convenience so that your mediation process can be complete in case your wife to not attend the mediation then this case will be delayed and without the mediation completion you will not get divorce

Vimlesh Prasad Mishra
Advocate, Lucknow
4708 Answers
11 Consultations

4.9 on 5.0

1. Maximum time is one year and six months from the date of filing of the suit.

2. So deduct the time taken till April , 2019 and balance time out of 18 months  will remain till which you can extend the time for adjournment. 

Devajyoti Barman
Advocate, Kolkata
16036 Answers
221 Consultations

5.0 on 5.0

The mutual consent divorce can be extended up to 18 months, hence you may seek time for appearance of parties during the next hearing, you can inform your advocate about it, he will take care.

 

T Kalaiselvan
Advocate, Vellore
49840 Answers
590 Consultations

5.0 on 5.0

A MCD Petition can be kept pending till 18 months

Radhika Mehta
Advocate, Mumbai
445 Answers
3 Consultations

5.0 on 5.0

Dear Sir,

As per law, duration/time of obtaining mutual consent divorce is six months. Although, parties have option of filing the second motion petition any time between six months and eighteen months from the date of the filing of the Mutual Consent Divorce Petition

1.  In 2nd motion, if she raises objection, the court will give time to both of you to resolve the differences and come back for divorce decree.  If both of you have no objection, then decree will be granted. 2.  She has got a right that as she is not gettting any maintenance and she was under the impression, she would be entitled to maintenance, she wants to withdraw her consent.  Then, the court has no option except to ask you to settle the matter or give another date to settle the matter or dismiss the case. 3.  She doesn't face any action.  Generally the court will  not grant divorce unless both parties appear.  If she appears and shows her disinclination to get divorce, then also the court will dismiss the case or give some other date to reconcile between the parties.

Netravathi Kalaskar
Advocate, Bangalore
2061 Answers
5 Consultations

5.0 on 5.0

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