A petition of M.C.D. u/s. Sec.13B of H.M.Act with affidavit is signed and presented by first party in person and POA holder of second party in family court. A agreement/MOU of MCD also made by first party and POA of second party. The family court has recorded the petition. The next step will record of statement of both parties’- husband and wife and hearing of court about passing of order allowing the first motion. The first motion has not been agreed upon in front of the Judge. Now, first party does not want divorce and does not want to withdraw his consent because of awkward conditions.
Que: After signing and presenting petition with affidavit, If first party remain constant absent in next step of recording statement of first motion in front of court without any clarification and also remain absent in future, then what action court can take against first party? Can ex-parte divorce possible in this case? Is there any judgment similar to this case?
