I have applied for mutual concent divorce. But my wife is not attending the court after the petition application. She has taken all her marrige gift to her parental home and staying there. In their village, they have agreed for the mutual divorce and also she has given her concent for not to live together in presence of the village committee. 1) wheather mcd is possible in absence of her in the court 2) wheather contempt of court will be initiated by the court for not attending the court to her 3) is there any chance of judgement by the court by showing all related documents and the report of village committee 4) if the mcd will be rejected due to her absence, is there any previllage to the case during the contested one.
Wheather the mcd will be treated otherwise in absence of her with the documents and can order will be passed as per previous High court order
1)her presence is necessary for divorce by mutual consent
2) court will not initiate contempt of court proceedings against her .
3) you would not get judgment in your favour as presence of both parties is must for divorce by mutual consent
4) if petition is dismissed you have to file fresh petition for contested divorce
you would not get divorce by mutual consent if wife is not present in court at time of second motion
1. No. Only possible if she has attended all the hearings of counselling and not present on last date of decree
2. No in this case court will dismiss the petition
3. Difficult but you can try
4. Yes in contested even if she doesn't come you will get exparte divorce
No.
Yes if she has agreed to some condition and you have fulfilled it and now she refused to proceed with MCD.
Her presence is necessary for MCD.
No privilege.
No order will pass without her presence.
1. MCD is not possible in her absence,
2. No contempt of court,
3. No judgement in her absence,
4. No privilege, however, you can file contested divorce
1. No. She has to be present before court to confirm her decision for this mutual consent divorce otherwise the court will dismiss the divorce case.
2. No.
3. No.
4. You can file a contested divorce case on the grounds of cruelty and this also can be pleaded as the reason for act of cruelty done by her.
1. Continue with the MCD and you have a very strong change of getting an Ex-Parte Divorce Decree, with the supporting documents in your possession. Call all the concerned persons as witnesses in court via a court summons, based on the documents and reports that you have.
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.
- Hence in her absence , the court will not pass Divorce order .
2. No, Mutual divorce granted on the consent of both parties, hence court cannot take any action against her .
3. No,
4. Yes, you can file a divorce petition against her on the ground of cruelty & other suitable ground.
- If she will not appear before the court , then in her absence Court will pass ex-parte divorce decree , and which is very much valid.
if your wife fails to appear or refuses to attend court at time of second motion court wont grant you divorce by mutual consent.
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.
You can file divorce on the ground of mental creulty.
For mutual consent divorce, both the parties need to be in favour of the divorce.
1. Mutual divorce is not possible without her presence.
2. No court shall reject the MCD.
3. No court will have to record her statement it cannot pass divorce order based on the documents.
4. No privilege as such you can take same as ground in the contested divorce.
MCD petition shall be rejected in her absence.
1) No it cannot be, the crux of MCD is both parties will present on appointed date.
2) No, it is her wish. Contempt proceedings cannot be initiated.
3) In MCD case the version of both wife & husband will be taken into consideration.
4) You can take leverage projecting her attitude and nature to goback etc., certainly it will help in contested divorce case.
1. No MCD is not possible without presence of both parties.
2. No
3. No you have to file separate petition for divorce.
4. Yes chances of getting divorce increases.
Mcd is not possible if she is not present. no i am sorry but if she is not present then the divorce proceedings shall fail.
Yes you can file a divorce petition and state this.
The proceedings in MCD shall fail and the petition will be dismissed if she is not present.
Dear Sir,
Court could not grant Divorce without your presence in second motion. ... 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.
Now, personal presence not must for divorce by mutual consent
Estranged spouses living across continents can now easily seek divorce by mutual consent even without marking physical presence in India. Making it easier for them to get their troubled marriages dissolved at the earliest and start afresh, the Bombay high court on Friday directed family courts not to insist on personal presence of the parties and accept joint pleas for divorce by mutual consent even if the consents are signed by their registered power of attorneys.
Justice Bharati Dangre on Friday struck down a January 1, 2018 order of the principal judge of the family court at Pune refusing to register a petition filed by an estranged couple under Section 13B of the Hindu Marriage Act, 1955, seeking divorce by mutual consent. The family court had refused to register their plea on the ground that the consent terms did not bear the wife’s signature. Instead, her father had signed the document on her behalf.
The single-judge high court bench struck down the order, saying power of attorney is an authorized person through whom pleadings can be duly made and verified. The judge said provisions of the Civil Procedure Code (CPC) are applicable to the proceedings before the family courts and under provisions of the CPC, pleadings can be verified by either the person pleading it or by some other person who is acquainted with the facts of the case.
Due to globalisation a number of educated people are going abroad and it is not possible for each of them to remain present before the court and there is nothing illegal in trying to resolve such difficulties by adopting novel and available ways by use of advanced technology, the judge quoted from the judgment of another judge of the high court.
The high court has now directed the family court not to insist upon physical presence of the parties and arrange for verification of the consent terms either through ‘Skype’ or such other available technology.
Justice Dangre said it was imperative for the family court to accept an application for dissolution of marriage by mutual consent if it stated that the spouses are residing separately for over a year, they have not been able to live together and they have mutually agreed to dissolve the marriage. What the family court has only to do to allow such a plea is to ascertain the factum of marriage and its irrevocable break down with no possibility of any reconciliation, the judge added.
