Mutual concent divorce
Querist :
Anonymous
(Querist) 23 September 2011
This query is : Resolved
Iam Anuradha , i got married in 2010 may. But just within 2 months i had to come back to my parents house due to disgusting behaviour. After lot of problem i convinced my husband for mutual divorce, altough he never loved me but he thinks that i may remarry so was reluctant. But now last month we both have filed for mutual divorce. Our 1st hearing is in november. But iam afraid that my husband won't turn up, he will try his best to delay this. So my question is
1) IF MY HUSBAND DON'T COME FOR COUNSELLING( MUTUAL DIVORCE) THEN HOW LONG I WILL HAVE TO WAIT FOR DIVORCE ???
2) Is there any way that court forcefull asks him to come in court and ask what he want.
3) If he doesn't come at all then what, court won't grant me divorce ??
Plz help me, i want freedom and peace.
ESTHERPRIYA
(Expert) 23 September 2011
In case of mutual divorce both parties should be present at the first hearing and the hearing after 6 months period to get divorce. If any party does not turn up then the petition gets dismissed. You can file a divorce petition in court individually and can get divorce.
Shonee Kapoor
(Expert) 23 September 2011
1) IF MY HUSBAND DON'T COME FOR COUNSELLING( MUTUAL DIVORCE) THEN HOW LONG I WILL HAVE TO WAIT FOR DIVORCE ???
No, in that case, the case would need to be converted on other grounds. And no one can guarantee how much time it would take....
2) Is there any way that court forcefull asks him to come in court and ask what he want.
NO COURT CAN NOT FORCE ANYONE TO COME FOR DIVORCE PROCEEDINGS.
3) If he doesn't come at all then what, court won't grant me divorce ??
Plz help me, i want freedom and peace.
MAY PEAVE BE YOURS, BUT COURT WON'T GRANT YOU DIVORCE JUST ON HIS NON-APPEARANCE.
REGARDS,
SHONEE KAPOOR
HARASSED.BY.498A@GMAIL.COM
Advocate M.Bhadra
(Expert) 23 September 2011
On filing of a suit for mutual consent divorce, when it would come for hearing in November both parties have to present on the date fixed for.If your husband would not come on that date then you should file a divorce suit by your side,in absence of your husband you may get decree on ex-parte.
ajay sethi
(Expert) 23 September 2011
agree with shonee kapoor
prabhakar singh
(Expert) 23 September 2011
Expert Shonee Kapoor has rightly advised you.
Querist :
Anonymous
(Querist) 23 September 2011
Thankyou all of you. But i have filed 3 Affidavits, 1 mutual concent divorce, 1 affidavit from my husband and 1 from me. Then too my husband can delay or escape from attending counselling date ???
In Mutual concent divorce, court won't send summons to my husband ?? or there won't be any Warrant ???
