• Can the person seeking divorce(India) has to appear on every hearing if they have medical condition?

My relative is seeking for divorce and her medical condition does not allow her to travel to the court at a different district where her husband and family have request for divorce. We did not get any information on the summon dates earlier and now we got to know that we have missed 2 summon dates. We are going for 3rd summon to avoid any false information provided by the other side to take precedence. Can someone advise if my relative has to go every time when she is called. We are actually going for mutual consent divorce. How long will it take us to obtain the divorce?
Asked 3 years ago in Family Law
Religion: Hindu

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11 Answers

Not necessary to attend for each adjournment. She can give power of attorney to her father also. Infact she can also file transfer petition seeking transfer of the case to the court nearer to her place.

 

When you are going for mutual consent divorce, where is the question of sending summons and missing summon dates. Your query is not so clear.

 

If it is mutual consent divorce, she needs to visit on the date of filing the petition and the date for consideration after six months. I don't think there would be any more adjournments.

Sricharan Telaprolu
Advocate, Hyderabad
170 Answers
88 Consultations

4.9 on 5.0

1. Your relative can give POA to someone, preferably a relative, to represent her in court proceedings. 

2. However in mutual consent divorce, it's only two or three times she may have to physically present.

3.  Mutual Consent Divorce generally takes six months and this six months' cooling period may also be waived off in certain cases.

Shashidhar S. Sastry
Advocate, Bangalore
5108 Answers
314 Consultations

5.0 on 5.0

You should file a transfer application in the high court stating therein that as you suffer from a medical condition, it would be appropriate that the case may be transferred to the district where she is living. The husband may come there and contest the case.


In a MCD the parties have to visit the court only 2 times.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

If you relative has came to know the court name and number than kindly submit application for Mutual Consent Divorce process is going on before the next hearing date and provide email id and mobile number as well for any further updates from court.

 

Its depends upon both the party how fast Mutual Divorce Consent terms and conditions are accepted by the both parties.

Ganesh Kadam
Advocate, Pune
12926 Answers
255 Consultations

4.9 on 5.0

Her personal presence is not necessary on each date 

 

it is sufficient if she is represented by lawyer 

 

for mutual consent divorce personal presence would be required at time of counselling , first motion and second motion only 

Ajay Sethi
Advocate, Mumbai
94689 Answers
7526 Consultations

5.0 on 5.0

If you are going for mutual consent divorce, you will have to appear only twice in the Court, on the date of filing divorce and on the date of  final hearing on which  the Court ascertain from both of you your readiness to go for divorce. Then a decree for divorce will be granted by Court in your absence. You can collect copy of divorce on any day subsequent  to order of divorce.

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

Except on the dates of evidence of the concerned party there is no mandate for physical appearance of the party. 

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

No need to appear in every hearing you can appoint advocate for the same. 

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

Dear Ma'am/Sir

1) Both the parties will have to appear before the family court after the filing of the petition.

with their respective counsels/lawyers.

2) The court will critically observe the petition along with all the documents presented in the court and statements will be recorded on oath.

3) Once the statements are recorded, an order on the first motion is passed by the court.

4) After this, a six months period is given to both the parties to a divorce, before they can file the second motion.

5) on the filing of second motion final divorce decree is granted. the second motion is filed anywhere between 6-18 months. Thus a mutual consent divorce may take 6-18 months time.

6) If the parties have decided the terms with regard to finance, maintenance etc amicably the 6 month period can be waived off on making application to court.

7) the presence of wife is important to get the statements on oath taken, but a person can also make a power of attorney in a family members name to go to the hearing on their behalf.

Thank you

Anik Miu
Advocate, Bangalore
8851 Answers
110 Consultations

4.7 on 5.0

In the family court, the parties to the litigation have to be present before court on each and every date of hearing.

If she is not able to travel due to her health condition, she can give POA deed to any close relative to represent her during her absence owing to her health conditions, by attaching relevant medical certificates. 

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

1. The Applicant and the Opposite Party in a  Civil Suit including Divorce suit need not be present at the Court on the dates of the hearings. 

 

2. He/She shall have to be present on the dates fixed for reconciliation (in case of Divorce Suit)  and/or on dates fixed for submission/examination of evidence.

 

3. Mutual Consent Divorce is disposed of within 6 & 1/2 months from the date of its filing, if both the parties appear on the date of the hearing after the cooling of period.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

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