An urgent query for mutual div.

Originally posted by : Advice me



 

what can wife do if her husband agrees for mutual divorce and doesnot appear for filing d 1st application..?
 

 




 

Honestly this is one of those very "cryptic" query for the records in internet forum after a vry long time I am attending. Be it so the reply has to be in third POV reference way read, then one can match my wavelength about what actually I mean as now doable option for you J

1. This thread post query situation may only arise only if marriage is not even one year old of the parties thereto OR husband is leaving Jurisdiction due to some job / some higher studies / holidays / on visitor visa to be with relatives who are living overseas OR is trying to wriggle out of a some complaint case that has been filed by you / your side and this MCD thought given birth or may have happened in some mediation or even via efforts off the records. See so many visuals cometh here...........

In earlier query Husband is leaving abroad in a few days 

However be they so, very limited remedial options arise for you assuming you to be at receiving end in any of the above three visual scenarios we face with non-disclosing (non co-operative) clients during first Chamber discussions;

A. in First scenario situation an application for dissolving marriage (due to probably) non-consummation of marriage can be filed and Notice served upon him. Simultaneously an injunction application not to re-marry and leave Jurisdiction of Court can be prayed for under Civil rights. Here Notice has to be served and we all know such Notice serving and next date of hearing do not happen o/n.

In earlier query wife has concluded that husband is impotent and as a matter of fact he was undergoing treatment and she has the prescripttion and the name of the doctor etc so engough grounds for her to file for Divorce provided the above is proved 

B. In second scenario situation S. 9 HMA (restitution of conjugal rights) along with an injunction application not to re-marry and leave Jurisdiction of Court can be prayed for under Civil rights. Here Notice has to be served and we all know such Notice serving and next date of hearing do not happen o/n.

In earlier query the same author has said  husband has filed RCR 

C. In third scenario situation if the mediation happened using ADR or LSA or mediation Cell of a quasi Authorities such as Women’s Cell then request it for conversion for a Decree thereto. Here we all know next date of hearing do not happen o/n.

Naturally I am not aware of the depth of your gospels here in this query thread this being internet query not a first Chamber discussion face-to-face query, but there may be a last scenario too which experience tells me may be the bare naked truth of parties;

Last scenario may be that the couples marriage is not yet even 1 year old and it is heard via some holy cow that your husband is leaving for overseas and you out of exasperation have agreed to some lollipops of his side and agreed / wants to end it all via an MCD route but for the same both have to wait for the appropriate MONTH to come near and then be able to file for MCD but at that TIME he may not be there for first motion statement or he may not even appoint an person under PoA etc. etc. thus your cryptic query surfaced here? Above being right guess or nearly right guess work you are best to rebut me now J

Your forecast is absolutely true the marriage is only 9 months old and she would have to wait for another 3 months to file for divorce . And the gospel truth is she is looking at options of filing 498 A wherein i have asked to re-read the penal code posted to her 498 A  and see if her allegations are true .

However, I say be it so then only two things works;

TRUST – Wait for his holy return. I leave this poetry to your best guess i.e. if you can ever have such imagination !

ADVERSIAL LAW usage – File now means in a day or two a Quasi Criminal Complaint (S. 125 CrPC) before a Family Court / Magistrate Court (some places S. 125 CrPC is handled by Family Court that your lawyer would know) and pray by a separate Application to instruct Passport Authorities for surrender of his Passport. These two will buy you time and he cannot wriggle out of either of them if he is meant to leave Jurisdiction soon. Well the moment you do these two you have to tell him / his side of the family outside same Court that I am giving you a Made in India lollipop as parting gift so that you are there for our first motion in MCD which I am still agreed to and actually that is what I also want for both of us, but since you said you are leaving soon so I thought under legal advise that let me also buy time. Now the next process flow is once your bought time is closing to be over I am dead sure just before that a mediation round will happen via Family Court / Magistrate Court and then there pray to Court for converting S. 125 CrPC into MCD (means closed as dismissed as withdrawn and fresh MCD filed in Family Court) and record his statement during First Motion with Agreement (MoU) copy annexed as material record of the file and side by side tell him to file an Application for Passport release and during its same day’s hearing “donot resist it” provided he also gives a PoA to a person to record his Statement for Second Motion and or via Video Conference same can be done / allowed and for Video Conference a separate application can be allowed at First Motion time citing his leaving for overseas and get it allowed (check with your advocate if the Court has video conference facilities or does your advocate has accumen to get via Laptop video conference allowed - see some of my old posts on Video conference in matrimonial cases which even Hon'ble Sc has allowed as binding in typical cases / scenarios).

You can read well my English or take its printout and show to your lawyer that is the way how I could reply to this “cryptic thread post”.

If anyone else here have better guidance to your half empty – half full situation then it is their call, I wrote what I visualized is your gospel facts before me and rest is now your call.

-----------------------------------
POV = Point of View
MCD = Mutual Consent Divorce
S. = Section of The Code / Act
CrPC = Criminal Procedure Code
HMA = Hindu Marriage Act
PoA = Power of Attorney