Lawyer should remain present if party absent in mcd?
c. shah...
(Querist) 13 July 2013
This query is : Resolved
After entering the mutual consent divorce petition u/s.13B in family court, first party has decided to remain absent in next date of first motion proceeding as she does not want to divorce and want to dismiss the petition. She does not want to withdraw her consent from M.C.D. due to certain reasons.
Que-1: Should her lawyer remain present in first motion proceeding of M.C.D. in court if party has decided to remain herself absent in court to dismiss the M.C.D. petition? What loss/harm to party can occur in this case if party and her lawyer both remain ABSENT in first motion proceeding of M.C.D in court without given any clarification or intimation of their absent to court?
Que-2: Can court dismiss the petition at next date of first motion proceeding or it takes time upto 18 months from entering date of petition to dismiss the petition if party and her lawyer both remain absent in next dates after entering petition of M.C.D. u/s.13B without given clarification of absent to court?
Adv Archana Deshmukh
(Expert) 13 July 2013
1. The court may dismiss the petition or grant a next date.
2. If the lawyer asks for a next date, the court will grant it and if no joint motion is moved then the court will dismiss it.
Raj Kumar Makkad
(Expert) 13 July 2013
1. Generally court adjourn the case for next hearing.
2. Court may dismiss the petition in that situation.
