Your husband presence is necessary for court to pass orders for dissolution of marriage 

2) if your husband does not appear or withdraws his consent petition for divorce would be dismissed 

Presence of both the parties is required at the final hearing of posted date under  Section 10A of Divorce Act, 1869 which  is applicable to Christians. If husband absents, on the given date divorce will be dismissed. May be you are tricked into signing land in his favor as the apartment is under lien to bank he is not much bothered for that. You can proceed with contested seeking cancellation of transfer of land in his favor.

The divorce cannot be granted by the court in absence of either of the party.

Regards

1. Without your husband's physical presence on the day of judgement and definitely without his signature on the divorce papers, there will be a stalemate in the mutual consent divorce proceedings.

2.  To get back the land, which you had transferred in your husband's name, as one of the conditions for him to agree for Mutual Consent Divorce, file a suit in the jurisdictional Court for cancelling the Sale/Gift Deed executed by you in favour of your husband, as it was obtained through Fraud, Coercion, etc.

His act amounts to fraudulent practice and you may pray the court to cancel the transfer of the document in his name.

G.Rajaganapathy 

High Court of Madras 

The expression 'mutual' cannot be diluted and if any of the parties to the marriage fail to present herself or himself before the court, after the presentation of the 1 st and the 2nd motion petitions, then there will not be any mutuality in the act of the parties. Mere signing and filing of the present petition by both the parties does not mean that the parties need not present themselves before the court after filing the divorce petition. The parties are necessarily required to appear before the court to give their statements and then based on the statements and upon satisfaction of the Court, first motion petition will be allowed. A close reading of section 13-B of the Hindu Marriage Act, 1955, makes it amply clear that a divorce by mutual consent can be granted only if both the parties appear voluntarily on the First motion as well as on the Second motion.

If he  is delaying to give a statement or appear before the court, under such circumstances neither you nor the court can compel him to appear and make a statement.

However, at this stage you can only take an adjournment till 18 months (maximum) and in the meanwhile you make efforts out of the court to convince your spouse to come to the court and give the statement.

Even after making efforts, if your husband does not agree to appear, then the option available to you is to withdraw the petition and file a petition under different grounds as enumerated under Section 13(1) of the Hindu Marriage Act.

In the case of failure of mutual divorce decree , file a suit for declaration thee sale deed registered in favour of your husband is null and void. 

You cannot get divorce merely on basis of mediation report 

1. Even though the mediation report is signed by the parties, it has to be reviewed by the sitting judge, before granting divorce.

2. For this reason, divorce decree may not be granted based on mediation report signed by you and your husband.

Your husband has full rights o refuse to sign the mutual consent divorce papers even at the last moment, you cannot force him to sign despite the fact that he had agreed to the conditions before the mediators.

If he is not cooperating then you can continue with the contested divorce as per ,law.

You can also file a suit to cancel the transfer of the property which was done on the basis of the conditions agreed between both for breach of conditions. 

The court will not pass a decree or judgment just on the basis of the mediation report or keeping your presence  in view.

The court would require him to be present before the court to confirm his decision before court about his willingness to dissolve the marriage by a decree of divorce.

The mediation report is not an authority nor legally enforceable in court of law especially if the husband or either of the party is not willing to go ahead with the decision already taken.

You may decide to continue the contested divorce case if he is not turning up before the court on the next date of hearing also. 

Dear sir/ma'am,

You can ask for divorce ex-parte that is without the presence of your husband. You can inform the court that the mediation was successful and as the report has the signature of your husband, it indicates that he was on same terms as you are and that you both agree for the divorce. You can also state that he is deliberately not appearing in the court and is actually wasting the time of the concerned parties as well as the valuable time of the court. Moreover, you can assert that his absence does not have any valid reason This should be sufficient to convince the court that you have followed the procedure as per law and are rightfully demanding for a decree of divorce. The court can do so based on some recent judgements, like the Allahabad High Court Judgement on Ayush Rastogi vs Family Court 2020 if its is convinced that your case is bona fide. Thank you.

In mutual divorce case presence of both parties is necessary 

court would not grant you divorce in your husband absence 

You cannot ask for exparte divorce either. 

In mutual consent divorce there's no provision for exparte divorce. 

If you had filed the divorce case on the grounds of cruelty,  the act of skipping the final appearance by your husband despite agreeing for divorce in the mediation session may be sought as an additional ground for seeking divorce on the grounds of cruelty. 

If he is not appearing for trial of the contested divorce,  you can ask for exparte decision at that time. 

As per mediation rules 24 Within seven days of the receipt of a settlement, the Court shall issue notice to the
parties fixing a date for their appearance which date shall not be beyond 14 days from the date of receipt of the settlement and the Court shall then take the settlement on record. So wait for next court date. In next court date  the Court shall pass a decree in accordance with the settlement, so taken on record, if the same disposes of all the issues in the suit.

An ex party divorce is not obtained without the presence of your husband.If your husband already put the signature in mediation agreement normally court will take it as positively even other wise he may rise objection in mediation.

Reply to both questions is no. There is no ex parte divorce decree in mutual consent divorce. 

Dear maam, as per the mediation signature and consent implies that the terms have been accepted by both. 

If the husband doesn't shows in court, it will be an exparte. Since the mediation was successful, there are less chances of an ex parte decree. 

As far as you case is concerned, you can obtain Judgement without presence of your husband only if affidavit in chief has been filed. Considering your case it seems that affidavit in chief would be pending, if it is so presence of your husband is necessary for further proceedings. 

- As per law, your husband is not bond with meditation report ,and to proceed with the mutual divorce petition. 

- Further , in his absence , court cannot grant decree of divorce in your favour and in his absence. 

- However , you can file a fresh divorce petition on this grounds before the family court. 

- Further, as you have already filed a divorce petition and your husband is not ready for mutual divorce. , then the court is bond to pass ex-parte decree in your favour. 

- Further, you can also file a suit for cancelling the transfer /sale deed/gift deed , which you have executed in his favour for transferring of that land.. 

1. In mutual divorce the court cannot pass a decree of divorce unless both spouses appear before it on second motion and record their statement to dissolve the marriage.

2. The court will eventually dismiss the mutual divorce petition if he does not appear.

1. If you have filed contested divorce petition then you can continue it and let the court decide it on merits.

2. If he does not appear then court may proceed ex parte.

In a Divorce by mutual consent, both the parties have the freedom to withdraw their consent as the consent cannot be taken by coercion.. 

Yes If he is not attending the court after service of summons you can ask divorce exparte