NIRMALA DEVI.C (Advocate) 06 February 2020

Divorce matter

Hon'ble friends, I filed an OP in Civil Court - mutual consent divorce with MOU for permanent alimony. The Husband paid 70% amount to her. After 6 months when the date of hearing was given, she was not appearing. After giving 4 dates, it was dismissed. I am in dilemma whether should I file divorce petition in the same court or should I appeal in High Court? Kindly clarify me under which provision have I to file appeal in High Court- CRP or CMP?

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Adv Deepak Joshi +917017821512 (Advocate) 06 February 2020

Contested divorce is only option for you, in case of MCD parties are free to withdraw their petition before 2nd motion, non appearance is also considered as withdrawal of petition.