Second motion of divorce

Guest (Querist) 26 April 2012 This query is : Resolved
If husband as petitioner files mcd alongwith wife based on MOU and gets statement recorded too ,can he later deny or remain absent from second motion?If yes what is the remedy?

Follow Query

Report Abuse

Devajyoti Barman (Expert) 26 April 2012
Yes.
No remedy for this.

Raj Kumar Makkad (Expert) 26 April 2012
Either of the parties can remain absent and in that case, the party following the MOU shall get an edge over the absenting party and a separate divorce petition can be filed by this party against absenting party.

Deepak Nair (Expert) 26 April 2012
The intention behind filing MCD is divorce. If any of the party remains absent, then the other party shall proceed with a divorce petition. If the husband fails to attend this petition too, then the matter will be proceeded ex-parte and divorce will be granted.

R.K Nanda (Expert) 26 April 2012
Divorce will be granted exparte by court.

Shonee Kapoor (Expert) 26 April 2012
I differ.

There are two ways of handling this situation based on the agreement.

1. You can go to HC for granting divorce.

2. You can withdraw the case and then proceed by filing a divorce petition on contested grounds.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com