NeedSuggestion (Tech Lead) 17 June 2014

Unable to attend court on the final day of mcd hearing

Hi All,

My friend has applied for a MCD after settling all the financial matters. Both the parties are ok and everything is smooth. But unfortunately my frined(girl) is not able to attend the Court on the day they asked as she is being sent abroad on a assignment by her company.

Can the final hearing of MCD be postponed for 1 or 2 months?

Can the Divorce be finalized in her absence( incase she gives POA to her father)?

Please help her with your suggestion.

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7 Replies

Yuvraaj_Sad (Networking) 17 June 2014

No need but case is already filed ?? Case is filed by your friend then she need to be present that time.

Laxmi Kant Joshi (Advocate ) 17 June 2014

Doesn't matter if she had informed to her advocate then her advocate had managed accordingly with other party and got the another suitable date for her , on that date both husband and wife have to be physically present before the court and have submit their consent for the divorce.

NeedSuggestion (Tech Lead) 18 June 2014

Hi Laxmikanth,

Thanks for your reply, does hse need to wait for 6 more months, or advocate can schedule it in a span of 2 or 3 months from the current final hearing date?

She is supposed to be back in India in 5 months from now and her final date is just 4 months away.

Laxmi Kant Joshi (Advocate ) 18 June 2014

talk to your lawyer and give him all details regarding her so he can manage other party and also to get the date from the court which is convenient to both the parties to get their mcd in the scheduled time limit .

sandykrish (Interested in Family LAW) 19 June 2014

@ Need Suggestion, the second motion can happen between 6 months to 18 months. Talk to your lawyer and submit the memo stating the facts and judge would be happy to give you the new date and acknowledge the other party in the court.

Hopefully are you the next groom who is marrying her, the eagerness is prompting people to think that you are the next. Hold your horses .....

NeedSuggestion (Tech Lead) 19 June 2014

Hi Laxmikanth,

Thanks for your reply, will pass on your suggestion.

prof s c pratihar (medical practitioner &legal studies) 19 June 2014

In short your lawyer is there toconvince the ld court with documentary evidence that you are abroad and sl be back after five months.pl don't take it otherwise from abroad you can write to seresthader of ld court stating your problems with a request to bring it to notice f ld judge.dr s c pratihar