CommonMann (Software Professional) 21 September 2010

MCD-2ND motion

In MCD Husband and wife have 2nd motion in october 2010. Just want to know if wife doesnot appears in court and Husband don't want to case to be linger on for 18 months, Can Husband file separate divorce petition under HMA 13 on the basis of cruelty, cheating, since wife filed 498a and also wife has taken a hefty amount in the form of DD from Husband which is mentioned in MCD petition. All the criminal cases like 498a, 323, 406, 506, 34 are closed against Husband and his family members bcoz of settlement. If at all Husband need to file a divorce petition how much time it will take again, since Husband filed a divorce petition 2 years back and bcoz of MCD petition, Husband have withdrawn that petition. OR do Husband need to reopen the same. Please suggest. Thanks.

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Adv Archana Deshmukh (Practicing Advocate) 21 September 2010

Already replied your query in HMA Sec 13(B)2 thread,

You cannot reopen the earlier withdrawn case. When the MCD is going on you also cannot file another divorce case. Only if the MCD is closed / withdrawn then you can file a fresh petition on any ground available to you.

Instead of "if she does not appears in court" type of thinking, you be in touch with her before the date of second motion and talk to her about it, so that she'll come without fail. If she is unable to attend the court due to some reason on that date then, take a short date of her conviniance after discussing with your lawyer. Second motion can be moved at any time before the expiry of 18m from the date of presentation of the petition, that means you've 12m in your hands.