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Daffodils ( )     20 January 2013

Divorce by mut concent

Respected Learned experts,

My friend and his wife filed a div petition on mutualconcnt. Settlement was agreed as lumpsum settlement and 30% was already paid during filing of the petition. The original divorce petition which he filed was then kept unpressed.

Now his wife didn't appear in the court for the hearing after 6 months. He is completely clueless. Only her lawyer appears and takes time for appearence. My question is that is it possible to reopen the original petition which is kept unpressed and ask the court to pass an exparte order in favour of him?

Thanks



Learning

 2 Replies

Tajobsindia (Senior Partner )     21 January 2013

1. No.
2. Ex part Order cannot be made in dismissed as withdrawn earlier divorce petition as officially consent has to be first withdrawn by either party in present MCD.
3. Appearance made by her Lawyer is sufficient appearance as cooling period has not lapsed nor either party has pressed for h/er 'consent' as withdrawn.

Find out from her lawyer why she is not joining proceedings?

1 Like

Chetan Joshi (Advisory/Advocacy)     21 January 2013

which is the original petition which stands unpressed...


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