kush (engr) 09 September 2012

Possibility of filing contested divorce

Dear Sir/Madam,

I want to know that if both the parties file for mutual consent divorce and after 6 months if girl does not come, then what happens?

After filing for MCD if girl does not come after 6 months to court then can we file for contested divorce ?

Regards,

Kush

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7 Replies

Adv Archana Deshmukh (Practicing Advocate) 09 September 2012

If the second motion is not moved after 6m but within the completion of 18m the court will dismiss the petition. If you have grounds for contested divorce you can file it.

Advocate.S.A.Siddiq (Advocate) 09 September 2012

Yes .. Advocate Archana correctly explained

rajiv_lodha (zz) 09 September 2012

In that case MCD petition will fall. It can not be converted into contested divorce. The latter has to be filed afresh

kush (engr) 10 September 2012

Dear Madam,

Thanks for your reply. Can you let me know what is meant by second motion? Some documents/petition is again signed by both the parties and presented to court or what?

(Guest)

Yes - she can withdraw if she not willing to divorce you.

rajiv_lodha (zz) 11 September 2012

Originally posted by : kush
	Dear Madam, Thanks for your reply. Can you let me know what is meant by second motion? Some documents/petition is again signed by both the parties and presented to court or what?

Yes, in 2nd motion both parties appear in person b4 the court. Judge asks that if they stil want divorce or chances of patch up are there. If parties insist on divorce, then their statements are recorded in court n MCD decree is passed