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c. shah... (Service)     13 July 2013

Lawyer should present if party absent in mcd?

After entering the mutual consent divorce petition u/s.13B in family court, first party has decided to remain absent in next date of first motion proceeding as she does not want to divorce and want to dismiss the petition. She does not want to withdraw her consent from M.C.D. due to certain reasons.

Que-1: Should her lawyer remain present in first motion proceeding of M.C.D. in court if party has decided to remain herself absent in court to dismiss the M.C.D. petition? What loss/harm to party can occur in this case if party and her lawyer both remain ABSENT in first motion proceeding of M.C.D in court?

Que-2: Can court dismiss the petition at next date of first motion proceeding or it takes time to dismiss the petition If party remains absent and herlawyer remains present in next date after entering petition of M.C.D. u/s.13B?



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 2 Replies

Adv Archana Deshmukh (Practicing Advocate)     13 July 2013

Que-1: Should her lawyer remain present in first motion proceeding of M.C.D. in court as party has decided to remain herself absent in court? What loss/harm to party can occur in this case if her lawyer also remain ABSENT in first motion proceeding of M.C.D in court and party wants to dismiss the petiton of M.C.D.?

The court may dismiss the petition or grant a next date.

 

Que-2: Can court dismiss the petition at next date of first motion proceeding or it takes time to dismiss the petition If party remains absent and her lawyer remains present in next date after entering petition of M.C.D. u/s.13B?

If the lawyer asks for a next date, the court will grant it and if he mentions about no consent for MCD then the court will dismiss it.

Adv k . mahesh (advocate)     15 July 2013

the mcd itself is taken by agreeing by the both the parties and if first hearing party and lawyer is not present then next date even on next date if the party is not present then it is dismissed  for this parties are must to be present because the judge will ask both the parties individually and grant 6 months time to reconciliation for second motion 


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