Absent after presenting petition of mcd
c. shah...
(Querist) 04 July 2013
This query is : Resolved
A petition of M.C.D. u/s. Sec.13B of H.M.Act with affidavit is signed and presented by first party in person and POA holder of second party in family court. A agreement/MOU of MCD also made by first party and POA of second party. The family court has recorded the petition. The next step will record of statement of both parties’- husband and wife and hearing of court about passing of order allowing the first motion. The first motion has not been agreed upon in front of the Judge. Now, first party does not want divorce and does not want to withdraw his consent because of awkward conditions.
Que: After signing and presenting petition with affidavit, If first party remain constant absent in next step of recording statement of first motion in front of court without any clarification and also remain absent in future, then what action court can take against first party? Can ex-parte possible in this case? Is there any judgment similar to this case?
ajay sethi
(Expert) 04 July 2013
court will dismiss the petition for divorce . presence is necessary on second motion . for judgements visit indian kanoon website .
Adv Archana Deshmukh
(Expert) 04 July 2013
If even the first motion is not jointly moved then there is no question of second motion here. The court will never grant 6m time for the second motion. The petition shall be dismissed straight.
Rajendra K Goyal
(Expert) 04 July 2013
If any of the party does not appear in the first or second motion, the MCD petition would be dismissed.
R.K Nanda
(Expert) 04 July 2013
agree with expert Archana.
Raj Kumar Makkad
(Expert) 04 July 2013
MCD requires involvement of both paries at the same time. If the first motion has not properly been held the question of second do not arise. Such petition has no value in the eyes of law.
c. shah...
(Querist) 05 July 2013
Thank you to all for reply...Here, First motion of MCD has not passed by Court. Can court take 18 months from the date of entered petition to dismiss the petition in this case or dismiss it in next day?
