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?
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.
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