mutual consent


Hi,

My self and my wife applied divorce in mutual contest, November 2016 . Judge had declared next hearing date in June 2017. I appeared in court for 3 hearings and I was given 2/3 weeks time between each hearings, she did not appeared in court for any of the hearing. My lawer asked me not to appear for next hearing and subsequently the case was dismissed by judge. Post that i have consulted few advocates and I have been told that mutual consent can be ex-parteed and wrongly guided. Is that true ? I'm not sure what to do next, please suggest.

 
Reply   
 
Advocate

Which stupid person told you that divorce by mutual consent can be ex-parted. If both parties fail to appear for second motion, the case is dismissed and same happened in your case and rightly so. There is no such thing that if one party not appearing for second motion that ex-parte order is passed and divorce allowed to the party who is present for second motion. Don't get misguided by some advocates just making fool of innocent people like you.
 
Reply   
 



Thank you ! for your valuable inputs. Could you please suggest, what step should i take to furthur move or re-open the case again.

 
Reply   
 

Nothing. You have to file a contested case. I heard if wife doesn't come for second motion it can be used as cruelty ground. Check with experts.
 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

  LAWyersclubindia Menu

LAWkdown Challenge    |    x