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Shaik (business)     07 August 2023

Muslim divorce, her presence n court after mediation settlement

Dear members,

she(muslim) filed FCOS for divorce in family court. mediation date is given to us. Husband wish to settle all amount in the form of DD on that mediation date. But 2 months after the mediation date, one more court date is shown for "await report". I suspect she will not turn up for that date after getting dd. whether judge can pass a divorce decree in the absence of wife? her presence required after mediation settlement?

many thanks


Learning

 6 Replies

T. Kalaiselvan, Advocate (Advocate)     08 August 2023

She is required to be physically present before court to confirm her decision for divorce before court on the final motion.

Hence you don't handover the DD now itself, you can inform court that the same will be handed over to her during the 2nd motion 

1 Like

Shaik (business)     08 August 2023

dear sir,
she filed for divorce under muslim marriage act. its not mutual consent divorce as per husbands lawyer.

Dr. J C Vashista (Advocate )     08 August 2023

What is your locus standi to the facts and advise of your lawyer if it is your personal / real dispute ?

1 Like

Real Soul.... (LEGAL)     08 August 2023

The court will proceed after hearing parties and evidance and until thn wait 

1 Like

T. Kalaiselvan, Advocate (Advocate)     09 August 2023

Your piece meal information will fetch you only misguiding opinions 

You should have informed the facts in the first post itself to avoid misleading advices.

Well, if she is not appearing before court and the court called her absent, then the court may dismiss the case for default.

She has filed the divorce suit as per dissolution of muslim marriage act, hence being the plaintiff if she is not showing any interest to prosecute the case any further then the court will dismiss the suit for default.

 

1 Like

Shaik (business)     09 August 2023

Here is the complete details of my case:

Marriage as per Muslim custom. in 2014 she left and filed 498a and DVC.

Acquitted in 498a and allowed partly only maintenance to wife and son in DVC.
Paying monthly  to son no problem for me and filed in HC to reduce maintenance to wife.
In 2023 amicable settlement at pre-litigation trial at LOK adalat for one time full and final settlemt filed by her. 

Terms and conditions in the LOK Adalat recorded are:( I have received award copy)
1. paid half of the full and final settlement amount(equally shared by wife and son) by DD.
2. she is ready and willing to take divorce by filing original suit No. ABCD (she already filed) in family court.
   Balance amount to be paid at the time of  granting decree of divorce. and she agreed for that in terms and conditions
3. She will not claim any reliefs in DVC as well as maintenance in future as the matter is settled  before this PLC.

Present sitation in family court for divorce filed by her under muslim marriage : 

My lawer told me to give complete remaining amount Demand Draft to wife while attending mediation centre. or 
for safety purpose retain by husbands lawyer till wife attend next court dates.

My questions are: 

1. Two months gap between mediation date and next "await report" date. after taking DD in mediation centre, if she refuses to come to court later what will happen as she only filed divorce. 
2. can I give post dated cheqes to my lawyer instead of DD to retanin confidence in me. this is to bring her court to complete divorce process and also due to limited 3 month DD Validity.
3. As mentioned in LOK adalat terms  (no. 2 ) balance amount to be paid at the time of granting decree of divorece then
  when to give remaining amount as there is no first motion or second in this divorce case as per muslim marriage act.
4. or to give balance amount only after court date " reserved for orders"  

With the precious guidance from this group I am at the final stage of court cases..
I may be given some direction to finish this court matter.

Many thanks.


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