The old petition for mutual consent divorce filed by you would have been dismissed by now due to non appearance on consecutive dates.

You will need to file a fresh petition in the court having competent jurisdiction.

There are ways by which your physical presence can be dispensed with. You can also avail video conferencing facilities or can execute a power of attorney in favour of any friend relative to do the needful on your behalf.

Earlier petition would have been dismissed 

you have to file fresh petition for divorce by mutual consent and after 6 months you would get divorce 

You can execute POA in favour of family member 

Original petition may have dismissed years back, file fresh petition and pray for waiver of cooling off period. Will grant.

You can give POA to any of your relative who will file on your behalf.

You need to see whether the Same is dismissed. I'd dismissed you need to restore and then restart. 

You can restore the said petition but if court directs you to file a fresh one as it's 5 years old now you need to file afresh

See the petition was filed long back so it must be dismissed so you have to file fresh petition before the court and on ground of this long separation you can seek waiving off the cooling of period.

See you can give a power if attorney to your relatives they can sign petition your behalf and can take permission of video conferencing .

You may file the restoration petition to restore the previous case.

Otherwise both of you have to file fresh petition on mutual consent ground to get the divorce.

For waving off the cooling period you may file a writ in HC to get direction from HC so as to get divorce very quickly.

- The maximum period to file for a second motion is 18 months from the date of presentation of the First Motion/divorce petition in the family court.

- Since, you applied for divorce in 2014 and were given cooling period of 6 months , then now you cannot move your petition for second motion as per law. 

- Now, for getting divorce , your ex should file re-fresh/another petition for mutual divorce.

- Yes, it is possible without your physical presence before the court, after executing POA in favour  of  any relative in India, i.e. the said POA holder will approach the court on your behalf.

- She can get divorce within a period of 2-4 months in urgency. 

- After recording of the first motion , she should move an application for waiving the cooling of period  before the same court . 

Good luck and dont forget to rating Positively.

1. Petition for mutual divorce once filed remain at f=dormant stage or its validity extends for the time of 18 months from the date of filing.

2. So The said proceeding has become dismissed many years before and it can not be revived anymore.

3. However there is nothing to worry as you can now file a fresh MCD and get the marriage dissolved after six months provided both of you agree for the same.

4. On the date f final hearing both of your physical presence is mandatory. 

- You shall be required to initiate new process as old one shall be considered ultra virus

- You can initiate the process by making appear of any of your family members post giving POA.

- Do feel free to connect

Regards

Vivek Arya

My question is:


1.We have the file number of the original petition
If you have the case number you can restart proceedings 
2.If you are now not living the same place,can transfer the case convieneant place by mutually.

3. Your physical presence is must

1. The MCD petition jointly filed by both of you has been rejected after 18 months from the date of its filing for non appearance by the applicants.

2. Both of you shall have to file the MCD afresh and wait for another 6 months when you shall have to jointly appear before the Court affirming that you still want divorce, and then the decree of divorce will be passed by the Court.

First confirm that if the case filed in the year 2014 is still pending or it has been dismissed.

The mutual consent divorce or a contested divorce case if not followed up regularly then the court may dismiss it for default.

Hence it would be better that you file a fresh case instead of restoring the previous case which involves lot of procedures including the time taken for restoration.

The case cannot be conducted without the presence of both the parties.

The divorce petition filed by mutual consent would be dismissed and you have option of filing fresh MCD petition. 

Dear Querist

Yes, You may file the case afresh through your power of attorney holder, your personal presence will not be required before the court and the matter will be decide by the court based on the Power of Attorney. This power of attorney shall be executed and attested by you in your area and send it to India.

Feel Free to Call 

You both have to be present in the court for getting a divorce. After the 1st motion you didn't go after 6 months. Contact your lawyer and file an application explaining reasons for the delay. Then appear for the second motion.

Regards 

Hello,

It might be dismissed for default. Hire a local lawyer and ask him to check the records and proceed accordingly.

Regards

1. The petition filed in 2014 would have been dismissed by now in default due to non-appearance of the parties. Your lawyer should be able to tell you the fate of the petition.

2. Even if it is dismissed it does not preclude you from filing a fresh petition for mutual consent divorce. 

3. You can execute a GPA in favour of a blood relative to appear for and on your behalf.

The old petition might have been dismissed by the court for not prosecuting.

You have to file new petition and can request for waiver of cooling period by referring to the earlier case.

You can give POA in favour of your family member to represent you.

You cannot restart the process in previous petition because that must have been dismissed due to non appearance if parties.

You have to file new petition before family court at saket. 

No you have to appear personally for both motions in court. 

Dear Sir,

Yes, you can restart the process using that original petition.