Divorce bu mutal
advocate mukunda
(Querist) 27 June 2014
This query is : Resolved
mcd (mutal consent divorce)case filed in feb 2014,the petitioner no;1,husband is not attaneded a court till now.now petitioner no 2 want to withdraw and file a new appliation for divorce.
1,can petitoner no 2 with draw case without petitoner no1.
2,can petitioner no2 file a separate application for divorce, when the MCD is already there without withdrawing MCD
Thanks
Muraaree
ajay sethi
(Expert) 27 June 2014
1) since both had filed MCD consent of both is necessary for with drawal .
no fresh application for divorce can be filed during pendency of MCD case . file after dismissal of the MCD case
advocate mukunda
(Querist) 27 June 2014
sir
now the petitioner no 1 is playing a game,he is not attending court nor he is ready to give divorce.
can we withdraw a case by sending petitoner copy through RPD or speed post and presenting same to court
Thanks
Muraaree
Rajendra K Goyal
(Expert) 27 June 2014
The case was filed in Feb, 2014. Whether husband attended Ist hearing /motion. If yes date of second hearing / final motion has not become due.
If husband did not attend even first motion, whether the MCD is kept pending by the court for first motion? If so, court can dismiss it.
ajay sethi
(Expert) 28 June 2014
thanks for your appreciation
