Mutual divorce

Querist : Anonymous (Querist) 28 August 2011 This query is : Resolved
my friend wants to get divorce.

both have signed the MOU and filed the petition of mutual divorce. Court in the judgement says one year minimum separation is required.

50 % amount he has paid to the petitioner against the MOU. as per MOU balance 50 % after decree of divorce.

my question first question is

After the completetion of one year she doesnot come to court what is the proceedings for getting divorce?

second question if she doesnt come is he eligible to get the expartie divorce. If he get the expartie divorce can she claim balance amount against the signed MOU?

third question how much time will it take to get a final divorce if she comes in the court?

it is requested to guide me so that i can help my friend to come out of that critical situation because very shortly his one year is going to complete

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Devajyoti Barman (Expert) 28 August 2011
1.Divorce would not be granted.
2.No
Nothing except either to wait for her or to file case for divorce under appropriate grounds of the relevant Marriage Act.

Querist : Anonymous (Querist) 28 August 2011
can u brief "appropriate grounds of the relevant marraige act"

Kiran Kumar (Expert) 28 August 2011
If you are Hindu then please refer to Hindu Marriage Act, 1955.

if it was inter-religious marriage then refer to Special Marriage Act.

the entire set of grounds are mentioned there in, make a search in the Bare Act section and read the details.

Guest (Expert) 28 August 2011
as it is stated by barman sir and kiran various grounds. it can be stated as per requirement and fact of each and every facts.

prabhakar singh (Expert) 28 August 2011
All have rightly opined.

Querist : Anonymous (Querist) 28 August 2011
THANX FOR EVERYBODY'S REPLY
SO IF SHE DOESNT COME HE CAN GO AHEAD FOR DIVORCE ALSO I WANT TO ADD ONE MORE THING HE HAS FILED CONJUGAL RIGHTS CASE WELL BEFORE 498 A CASE FILED BY HIS WIFE.

Sachin Bhatia (Expert) 30 August 2011
If she doesnot come to court divorce would not be granted. No she is not eligible to get the expartie divorce neither she claim balance amount.

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