Second motion of divorce (Family Law)

This query is : Resolved

Author : Member (Account Deleted)

PRO CHAT CALL

Posted On 26 April 2012 at 07:41

If husband as petitioner files mcd alongwith wife based on MOU and gets statement recorded too ,can he later deny or remain absent from second motion?If yes what is the remedy?

Expert : Devajyoti Barman

PRO CHAT CALL

Posted On 26 April 2012 at 07:43

Yes.
No remedy for this.

Expert : raj kumar makkad

PRO CHAT CALL

Posted On 26 April 2012 at 08:39

Either of the parties can remain absent and in that case, the party following the MOU shall get an edge over the absenting party and a separate divorce petition can be filed by this party against absenting party.

Expert : Deepak Nair

PRO CHAT CALL

Posted On 26 April 2012 at 09:45

The intention behind filing MCD is divorce. If any of the party remains absent, then the other party shall proceed with a divorce petition. If the husband fails to attend this petition too, then the matter will be proceeded ex-parte and divorce will be granted.

Expert : R.K Nanda

PRO CHAT CALL

Posted On 26 April 2012 at 10:44

Divorce will be granted exparte by court.

Expert : Shonee Kapoor

PRO CHAT CALL

Posted On 26 April 2012 at 13:52

I differ.

There are two ways of handling this situation based on the agreement.

1. You can go to HC for granting divorce.

2. You can withdraw the case and then proceed by filing a divorce petition on contested grounds.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com