Divorce

megam (Querist) 14 November 2012 This query is : Resolved
Sir
in the mutual divorce trial, in the first trial/hearing both husband and wife appeared and given their consent for divorce. The case postponed for six months for second trial/hearing. on second trial the husband appeared and wife not appeared . Then again the case is postponed for third trial/hearing. what will be the fate if the wife not appeared on the third trial/hearing also?
Kindly give the solution or how to face the case next?
Regards
S Megam

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Raj Kumar Makkad (Expert) 14 November 2012
If wife do not appear int the hearings, the MCD shall be dismissed and in that event, the husband can file a separate divorce petition on the basis of cruelty.

Devajyoti Barman (Expert) 14 November 2012
Total 18 months time would be given from the date of filing. If till then either of two fails to appear then the case would be dismissed.

The option would either be to file fresh MCD or contested suit.

Rajeev Kumar (Expert) 14 November 2012
If any of the party remains absent till the lapse of 18 months then the divorce will be dismissed and the divorce seeking party have to file seperate divorce petition and it will be contested divorce which will consume a lot of time.

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