Request guidance - divorce
XXX
(Querist) 29 June 2014
This query is : Resolved
I had filed a police case against my husband in Dec 2013 against the physical and mental harassment. I had left my marital home in Oct 2013 and during our discussion in the women cell, he agreed to file a MCD petition and also acknowledged that we had differences since last seven years. Post filing the MCD, I took back my complaint with a statement that want no further action should be taken as we have filed a MCD petition. But, now it seems he would not attend the second motion due in Jul 2014 as he does no want divorce.
1- Can you pls guide me if the district court can still grant me divorce decree despite his intentional absence as I have seen few cases where in the high court has granted divorce.
2- What steps can I take if he does not attend the second motion. Would I have to file an appeal in the high court or file a contested divorce on the basis of cruelity.
Thanks for your guidance
Devajyoti Barman
(Expert) 30 June 2014
1. If one of the parties does not appear, decree of divorce can not be grated. There is no decision to support you.
2.No appeal lies. You have to then withdraw the case and file fresh application for contested divorce.
Rajendra K Goyal
(Expert) 30 June 2014
The MCD can not be allowed if one of the parties does not appear. You would have to file contested divorce. Consult your lawyer.
ajay sethi
(Expert) 30 June 2014
if your husband does not appear no divorce would be granted . petition would be dismissed . you have to file application for contested divorce
R.K Nanda
(Expert) 30 June 2014
nothing to add.
XXX
(Querist) 30 June 2014
Thank you for your inputs.
Just one more query: Can I not take any action if this MCD was filed by him to avoid any further action in the police compliant that I had lodged against him and had to take back due to MCD petition filed by us as he just wanted to buy some time.
T. Kalaiselvan, Advocate
(Expert) 01 July 2014
In the given situation, you may file a fresh divorce case against him on the grounds of cruelty. You can lodge a fresh complaint with the police provided if there is a renewed violence against you post withdrawal of his consent to MCD.
Raj Kumar Makkad
(Expert) 01 July 2014
I do agree with the experts hence no more to add.
