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Aditi (a)     21 September 2010

Divorce under mutual consent

Dear all,

I got married around 6.5 (March 2004) years back. However since past 2 years ( from September 2008) i am not living with my husband. We have a son of 4 years (born in September 2006).

This year January we file Divorce under mutual consent. The court gave the statutory period of 6 months. However after 6 months on the due date my husband didn't turned up. The family court gave 2 more dates after the said date, but he is not turning up.

I require the guidance of the learned member as to the course of action i have if my husband does up even in next hearing.

Secondly can court give an ex-parte judgement in my favour if my husband does not turns up?

Lastly can the court dismiss the case on his non-turning.

Hope to receive the guidance of panel expert.

Thanking in anticipation



 26 Replies

Adv Archana Deshmukh (Practicing Advocate)     21 September 2010

The second motion should be made after 6m but within 18m from the date of presentation of the petition. So, the  second motion can be made at any time till the expiry of 18m period. The second motion is to be made by the husband and wife jointly. There can be no exparte judgement in mutual consent divorce.

4 Like

Aditi (a)     21 September 2010

Thanks a lot madam...

So if my husband does not turns up, then in that case whats option do i have?

Adv Archana Deshmukh (Practicing Advocate)     21 September 2010

If you suspect that he may not appear on his own then, it will be better if you be in touch with him before the date of second motion and talk to him about it, so that he'll come without fail. If he is unable to attend the court due to some reason on that date then, take a short date of his convinience after discussing with your lawyer. Second motion can be moved at any time before the expiry of 18m from the date of presentation of the petition.  But if both of you do not make the second motion within the prescribed period, then your MCD petition shall be dismissed.

3 Like

Aditi (a)     21 September 2010

Madam .. Sorry to disturb you again... But Court will not give any regard to the fact that my husband is not present on any of the days.

Further I think then the only option left to me will be filing petition under non mutual consent.

Adv Archana Deshmukh (Practicing Advocate)     21 September 2010

Though the court sees that your husband is not present on any of the dates, there cannot be any exparte judgement in MCD. The concept of MCD itself is that the husband and wife mutually consents to dissolve the marriage and this consent should be shown in the second motion also till the decree is passed. If your MCD petition gets dismissed then you can file petition unilaterally under any other ground if available to you.

2 Like

Alok Motan (Advocate)     21 September 2010

You could have moved the application for waiving off the statutory period of six months, after ur first motion was allowed and you could have filed the second motion on the same date. Lots of judgements are also available for waiving off statutory period..... but......

I think now Ms. Archana has explained u everything.......

all the best....




Alok Motan (Advocate)     21 September 2010

Also try to put some pressure on ur husband through some relatives...... why he is not appearing before the court...?? what were the terms of settlement (divorce) ...was there any consideration involved as well ??? try to make ur husband understand (through some common friend) that if later on, you alone would file the case for divorce, he would have to pay the compensation/alimony, which could bother him later on, so its better to settle the matter mutually....... By the way where is ur son...?? have u filed some other criminal case or maintainance case against him...?? dont loose hope let case gets dismissed....file a maintainance case .....may be that would compell him to approach u.......

1 Like

G. ARAVINTHAN (Legal Consultant / Solicitor)     22 September 2010

Since waiver application is not filed only she is asking question. ok. better to keep touch with him and ask him to attend the court on the next hearing date, so that the proceedings will be over

1 Like

Aditi (a)     22 September 2010

Thanks a lot to every one for responding to the problem ..

Well my son is leaving with me and i am a working professional, so i havent demanded any compensation now and have confirmed that shall not demand any amount in future also ..


And i think i should wait for the due date and my husband to turn up on the date.

Thanks a lot to every one.

Shall seek help in future if required



Sushant Singh (Private Service)     24 September 2010

@ Alok Motan,

Filing false criminal cases to compel the husband to come to court is a very unprofessional, unethical and disgusting advice on the part of learned lawyer like you to give. 

Sir, they have already mutually decided to part ways, please, suggest talking or discussion to sort out amicably between both parties. Why are you suggesting filing cases ? When both parties have decided amicably, Im sure the husband also thinks about his moral and fatherly responsibilities for the child and tries to take care of the childs financial wellbeing, in turn for visitation and access.

Sir, as a lawyer dont forget your ethics. You will realise that ther are so many false and frivilous cases that are being filed under the garb of dowry harrasment. Men and their families are treated like dogs by court.

Please, also treat the man like a human bein, even he is a creation from God isnt it ? while taking your fees on time do not forget there are ethics associated with the profession.

Surely, some women are wronged, but to blanket all men as wife beaters and dowry harrassers is totally wrong. Probably, you will realise when some close relative or brother, sister is being harrassed in the name of settlement, 498A, dowry law etc.

Hope people who give such advices also get fabricated under false cases, Inshaallah !!!!!




1 Like

Alok Motan (Advocate)     27 September 2010

Mr. Sushant

i think there is some problem with you........

i could have replied to your post but i dont want to embarrace you publically...........

either u dont understand english or you have some eye-sight problem or u dont want to understand the situation.......pls read over the oridinal post of Aditi again..... So Mr. Singh u want this lady to remain in the middle of difficulty, FOREVER.....??? MAY BE A NICE THOUGHT ON YOUR PART........BUT NOT FOR ME...Dont teach me professional ethics....

Sir, as a lawyer dont forget your ethics. You will realise that ther are so many false and frivilous cases that are being filed under the garb of dowry harrasment. Men and their families are treated like dogs by court.

Please, also treat the man like a human bein, even he is a creation from God isnt it ? while taking your fees on time do not forget there are ethics associated with the profession.



I THINK YOU should  Read my profile once if u have 60 seconds time...I THINK ITS ENOUGH FOR YOU....and if still not i think you should start going to school again.....BuhByeeeeeee

Sushant Singh (Private Service)     27 September 2010

@ Alok Motan,

I sure dont want to embarass you publicly in the forum, because it might severely affect your practice.

There are a lot of committed lawyers here who are honest and ethical and give selfless advice, unfortunately maybe you are not one of them.

Please, take my advice or comments with a pich of salt, Mr. Motan. Just read your profile, seems you want to be a Bhagat Singh, thats a nice ideal to be. I wish you become one, and fight against unjust, one sided draconian laws like dowry harrasment & 498A.

Not everybody who writes in this forum needs to goto school again, but I'll take your advice and perhaps do kindergarten again.

You sure do reject 36 clients in one day, but these clients do goto other better lawyers and do win cases.  So you might not be the only lawyer in Delhi to be a Bhagat Singh. Anyways, my strong views are only because you have instigated somebody to file false cases to pressurise the other side to come to court. I have the deepest sympathies for Aditi and I wish her good luck with her situation.

Mr. Motan, please calm down and dont take comments personally, looks like you are so frustrated you want to hit me !!  I stand by my ethics comment. Filing false cases or instigating clients to false cases goes against professional ethics.

By the way Sir, one more thing, just like you told me there are 36 clients coming to you each day, please take time out to visit any Sessions court and you will see lawyers makketing their services like hawkers (road side hawkers who bargain their price). Nowadays, law can also be done by correspondence you know, so please chill Mr. Motan, nothing great about being a lawyer who wnats to change the system.

Just for your info, I too have enrolled for a law course so that I may keep fighting for my cases for the next 10 years. Is there any provision in law which forbids a accused from becoming a lawyer, lets see weather the bar counsel has its views ... haha .. 

Please Sirs , dont take offence, all learned lawyers please accept apologies. These comments are only in retaliation for the love showered by Mr. Motan, the "Bhagat Singh" of all lawyers. 

PS: "does that imply that only Mr.Motan is the most honest lawyer in Delhi ?? " other learned lawyers maybe you must take note of Mr.Motan ....

2 Like

CommonMann (Software Professional)     27 September 2010

Yes very true. I am from Indore and I have seen lawyers over here. They are like middlemen. in layman term they are like Brokers (Dalaals) who don't want there client case to settle down until they get hefty brokergae from them. They use to charge like anything. For my case which is settled now, They have charged unnecessary bcoz of lack of knowledge from my side on the 498a case. One can buy whole judiciary in India. Whole system is corrupt.

Alok Motan (Advocate)     28 September 2010

@ Sushant & Charanpreet

Poor Chaps.......i have sympathy with both of u guyz...........i can see ur frustration level perhaps...........

anyhow....people like you get the right n best treatment from lawyers in court and ultimately from ur wives........i am sure thats y u have grudges against lawyers community .........

ha ha ha....control ur mental balance guys and dont get so much irritated and frustrated.......thats all i wana say....and the way i donn bother to read ur complete posts.....coz of time shortage .... n yeah thanks for ur compliments.....i took them as compliments.... better u leave this forum if u cannot respect the community.... and LASTLY IF U HAD COMPLETED UR LAW DEGREE.....U COULD HAVE BECOME A LAWYER TOO....SINCE U DONN HAVE GUTS THATS Y U ARE THERE WHERE U ARE RIGHT NOW...... U ARE NOTHING....U KNOW NOTHING THATS Y U ARE HERE AND SEEKING ADVICES............




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