Case would be adjourned and new date given by court
2) court would not dismiss the case
Mutual divorce court date
The second and final hearing date of my mutual divorce has been given on 31st of August. But on 31st of August there will be a state wide lock down in west bengal as announced by the govt. Not sure till now if court will function or not. But my question is , especially now in this pandemic time 1. What happens when a case's next hearing date was given on a date that turns out to be a day on which court will remain closed? 2. What happens in mutual divorce case's second and final hearing when one of the party can not turn up due to a reason like lock down or bad health etc but still willing to have the mutual divorce? Will the mutual divorce case be dismissed or judge will consider the reason and give a next date? Thanks in advance.
Asked 5 years ago in Family Law
Religion: Hindu
17 Answers
1. Then one more date will be given.
2. Judge will consider the practical difficulty and give another date. Mutual Consent Divorce petition will not be dismissed.
1. The next date will be given in that case.
2. The court will give a new date of hearing. The case will not be dismissed.
Court will close on given date due to lock down. Next date will grant and on next date also court is closed, further next date.NO order will pass.
Both party presence is necessary on final hearing otherwise court will adjourn the matter.
1. The court will itself update a new date when the court will starting its function
2. If you have already filed the second motion joint petition before the court, then case will not dismiss due to absence of any party, and the court will grant next date of hearing.
- Further, 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.
1. Don't worry as even if on the next the normal functioning of court doesn't start you would get another date. In many courts mutual divorce is occurring through video conferencing.
2. Without physical presence in normal circumstances the court doesn't allow final motion.
No worries.
1-The court would adjourn the matter without any coercive action.
2- Judge would adjourn the matter.
1. It will get refixed and the final order will be passed once the court runs normally.
2. The judge will give you another date.
REGARDS
1. You will get next date. A small one.
2. Next date will be given.
1. The court will adjourn the matter to next date automatically, you need not worry about attending it because the courts would be closed.
2. In the present situation, the courts do not dismiss or take any adverse decision in the cases before it just because one of the parties are not able to attend the court.
Automatically another date of hearing will be given.
Hence ther is no cause of concern on this.
The last date is for order in the divorce matter. The second last date is for second COUNSELLING
The next date is given and the next date can be found out by the advocate.
A next date is given if there are sufficient reasons. In the present covid situation there will be no adverse order passed.
When a case's next date of hearing turns out to be a date on which court will remain closed, the case is adjourned and fixed for another date. Sometime the case is taken immediately on the next date. It is better in case no adjournment is given, check/confirm the date on immediate next date from the court.
In case there is no hearing on the date fixed for second motion, case is not dismissed but it is considered on the next date of hearing.
Dear Sir/Madam,
When some date falls on holiday etc., the same case is generally taken up on next working day and in some cases, another date is given. If other party does not turn up on the date fixed, the next date is generally given by the court to enable the party to appear in the court and get the statement recorded.
1. The next date of hearing will be re-fixed by the Court which you shall have to find out by enquiring from the said Court.
2. The date will be adjourned further up to the 18th month from the date opf filing the MCD petition.
3. After 18 months, if none of the parties or one of the parties fail to appear before the Court, the MCD petition will be rejected.
no need to worry case would be adjourned, court will issue new date .
1. Court will assign next date of hearing.
2. Court will give next date of hearing due non appearance of one petitioner.
