Mutual divorce

Subbarao (Querist) 16 March 2023 This query is : Resolved
My friend and her husband applied for a mutual consent divorce. Her husband is not coming to the court.
He skipped 2 times. Her lawyer is saying this time she will get Mutual divorce on the basis of Expatriate
Also saying she has already crossed 45 years and there is provision in law if 45 year's crossed she will get the Mutual divorce in this hearing
Is it true? or Both parties have to present for getting the Mutual divorce?

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In a mutual consent divorce, it is mandatory for both spouses to appear in court to confirm their decision to dissolve the marriage. The age of the parties, including being over 45, does not exempt them from this requirement. If one party fails to attend court, the divorce cannot proceed as a mutual consent divorce, and the court may consider other legal avenues if summons have been intentionally avoided.

kavksatyanarayana (Expert) 16 March 2023
Did the summon received by him? Is he intentionally avoiding receiving summons? If so exparte divorce may be ordered.

Advocate Bhartesh goyal (Expert) 16 March 2023
If divorce petition has been filed on ground of mutual consent then both husband and wife has to appear before court.

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T. Kalaiselvan, Advocate (Expert) 16 March 2023
Her lawyer is misguiding her.
In mutual consent divorce, both the parties to the marriage have to be present before court on the second motion and confirm their decision to dissolve the marriage.
There is no exemption for the 45 years of age, law is common for all.

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Dr J C Vashista (Expert) 20 March 2023
Well analysed, opined and advised by experts Sh. Bhartesh Goyal and Sh. T Kalaiselvan, I endorse.
Mutual consent divorce petition shall have to be filed and taken up in presence of both parties.

Advocate Rajamahendra Varma P (Expert) 21 March 2023
It is mandatory to be present both the parties (spouses) in case of mutual divorce process. No need to have separate advocate's for both parties (one advocate is sufficient in case of mutual divorce).

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