Why do you want the MCD to be dismissed? Deposit the remaining amount in court and get the divorce decree. 

Whether your wife's lawyer hands over the amount to your be wife or not, it's not your problem. 

Once you deposit the money in court, your wife cannot claim she hasn't received it and appeal against the MCD decree

If she doesn't appear in hearings/reconciliation plead for exparte MCD decree. See it's a mutual consent divorce petition, which means in any case you desired divorce didn't you? So why you want to dismiss the entire MCD petition?

Dear Client,

Request the court to take amount court`s custody. Wife conduct is at stake, if she is not contacting her lawyer or appearing in court, than she is at fault for which you cannot be dangle.

As her advocate is representing her, so court will not dismiss petition, if not appear on 3 4 hearing than it can be.

Either can withdraw consent. If dismissed than no appeal. He will try to keep any longer he can, ask your advocate to press in court for return of money.

File contempt against her. If you are paying alimony under mutual settlement than stop paying till she responses to MCD.

See she has not came for reconciliation, the reconciliation will fail not the divorce if she turn up on second motion date and give consent for divorce then same is final.

So you should wait for the date of the reconciliation.

2. If any party withdraw consent or do not turn up court can dismiss the case.

3  yes if you fail to remain present before court.

4.Appeal if consent is withdrawn then it is difficult as ground if withdrawal of consent has to be seen.

5  you can give lawyer a notice and further if he fail complaint before bar council of state.

It is a got up plan between your wife and her lawyer so you need a good lawyer to handle this

See case against her is not possible in case she back out from the agreement.

In case of mutual consent divorce both parties should have equal consensus! Without your wife consent you can't go ahead.Again MCD should not be forceful either any party. 

If your wife does not attend court then divorce petition can be dismissed 

2) if wife withdraws her consent petition can be dismissed 

3) you can appeal against dismissal before HC

4) you would get money only after final orders are passed on divorce petition 

If case is dismissed file case of cheating against her under section 420 of IPC as she has deceived you collected Rs 5 lakhs and not attended court 

1. yes  file for dismissal of the suit and ask for return of the money. if her advocate does not return the money then lodge a complaint with local police alleging cheating and criminal breach of trust.

2. Yes if your wife fails to appear in person for the remaining one year period.

3. Court will wait for one year for her to turn up and thereafter will dismiss automatically.

4. Once mutual divorce is dismissed due to no consent of one spouse preferring an appeal would be not use.

5. File criminal case as advised above. 

1. You have to wait for the second motion. There is no need to pray for dismissal to the court. If she does not turn up at second motion then court may adjourn the matter for another date but eventually it will dismiss the MCD Petition. In MCD the court cannot pass a decree to dissolve a marriage unless both spouses appear before it on second motion and reiterate their consent to end the wedlock. 

2. If it is dismissed in default then legally an appeal will lie to the High Court but nothing will come out of it. 

3. You have to file an application in the court to direct the lawyer to release the amount. 

4. A criminal case of cheating will be made out against her only if she withdraws the amount held in the custody of lawyer, not otherwise. 

1. If the court has extended the date by adjourning the matter to some other date, you may wait for her appearance till the next date of hearing and then decide about it.

2. If the case is not represented by both or if it is beyond the stipulated period of time then the court may dismiss the case due to non-prosecution.

3. see the above answer.

4. No, because there is no ground to prefer an appeal in this.

5. Issue a legal notice to the lawyer and ask him to return the money given by you for this purpose, if he is not complying then you can initiate further legal steps for recovery

You cannot file a cheating case agaisnt her because this  cannot be considered as cheating, she is unwilling to accept the divorce proposal  hence you cannot force her to this.

Instead you can file a contested divorce case on the grounds of cruelty based on her refusal to cooperate the MCD.

It will ly be dismissed if one of you object or both of you are not present in proceedings

A,B,C & D. - The MCD case will continue till she appears before the Court within nextv 18 months from the date ofm its filing. Thereafter it will be rejected by the Court for non prosecution.

E. It was a wrond step to hand over the amount to herv lawyer. have you taken any receipt fro0m the lawyer? Did you pay the said amount to the lawyer through cheque? If yes then you can lodge a police complaint against the lawyer, lodge a complaint against him before the Bar Council and also file a Money Suit claiming the said amount witbn interest, damage and cost.

1. You can not bring any charge agaimnst your wife for withdrawing her consent for the MCD and for refusing to appear before the Court on the day of the 2nd motion.

2. She can state that she has not received the said Rs.5 lakhs from the said Advocate. 

1. Yes, it is true that MCD can be withdrawn by any of the spouse at any time before the final order passed by the judge.
2. No, there is no provision for appeal against such withdrawal.
3. But, you can file divorce on any other ground mentioned in the Special Marriage Act.
4. Just, get something on record wherein the advocate would be stating that he got money from you, then file a cheating case plus a recovery suit for the money.