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Praveen   05 March 2018

Please help : urgent

Dear Expert lawyers,

Need your urgent opinion for my case:

I and my wife are married for 9 yrs. We both are working. We have two children aged 6yrs. Due to incompatibility and frequent disruptions we went ahead and filed for mutual consent divorce 6 months back. We laid down consent terms for monthly maintenance and initial custody of children.

However,  now my wife is not ready for appearing in court on the said date given to us on grounds of wanting more time and maintenance amt related issues.

In view of above I have following queries :

1. Is it a thumb rule for both parties to appear  in the court on the given date, or can we appear any other day later? (Within 18 months? ). I am ready to appear but not sure of my wife.

2. What happens if I appear and my wife is absent on the given date in court?

3. At present we are staying in my flat and as per consent I am supposed to sell this flat and give children 50% share of the amt of sale. However my wife is now saying she won't move out. 

what should be my by next step..kindly help 

 



Learning

 5 Replies


(Guest)

Sir

On Pts. 1 & 2, both parties have to mandatorily appear in court on hearing date. As your wife has not appeared on the said date, a summons may be issued to her current/last known address, requiring her to appear before it within 30 days' time for determination of the case. Inspite of all that, if she still does not appear, an ex parte, non-appealable final decree may be passed by the court.

On Pt. 3. You have nothing to worry about. As there has been a breach of the covenant terms mentioned in your MOU/MCD, you may file an Execution Application (EA) or Execution Petition (EP) in the court which passed the decree/order. Mention all your case details & then add a new averment mentioning that owing to wilful refusal of your wife in not complying with the court decree, you are unable to sell your flat & give 50% of proceeds in favor of your children, per decree.

Good luck! For any clarifications, you may contact me at: basu_kunal@hotmail.com.

Regards

Advocate Kaybee

Adv Radhika Mehta (Advocate)     05 March 2018

Originally posted by : Praveen

Dear Expert lawyers,

Need your urgent opinion for my case:

I and my wife are married for 9 yrs. We both are working. We have two children aged 6yrs. Due to incompatibility and frequent disruptions we went ahead and filed for mutual consent divorce 6 months back. We laid down consent terms for monthly maintenance and initial custody of children.

However,  now my wife is not ready for appearing in court on the said date given to us on grounds of wanting more time and maintenance amt related issues.

In view of above I have following queries :

1. Is it a thumb rule for both parties to appear  in the court on the given date, or can we appear any other day later? (Within 18 months? ). I am ready to appear but not sure of my wife.

An MCD Petition is kept pending for 18 months. The both of you can appear on any other Court Assigned date

2. What happens if I appear and my wife is absent on the given date in court?

Another date will be given.  The same will continue for and till 18 months. 

3. At present we are staying in my flat and as per consent I am supposed to sell this flat and give children 50% share of the amt of sale. However my wife is now saying she won't move out.

Have the lawyers intervene and have a discussion. Alternatively, you can also brief the Courts on her refusal.  
 

 

Vijay Raj Mahajan (Advocate)     05 March 2018

I doubt this divorce by mutual consent case can be resolved. If she fails to appear on the next date of appearence after 6 months and insist for changes in the MOU initially agreed by both than just forget it, let the petition of MCD be dismissed by the Family Court on her non-cooperation. You can always file divorce petition on the ground of cruelty referring her misbehaviour. 

1 Like

Praveen   06 March 2018

What's that madam, can you please elaborate 

Praveen   06 March 2018

So basically I attend on the given court date and have the case dismissed. Do they dismiss it for a fixed period ? How many times does the Court allows her absence?

Sir, cruelty and misbehaviour hear means..? Her change in statements or absense on court given date.


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