IKIUKKKJHG (NA) 27 September 2011

Mutual consent divorce under special marriage act

I got married under the special marriage act on 30th September 2008. We separated on 18th January 2009. After completing 1 year of legal marriage and 1 year of separation , the mutual consent divorce petition was filed last November 2010 and on 6th January 2011 the 1st motion got passed. Now more than 6 months have passed, the 2nd motion petition has also been duly signed by both parties and filed on 23rd September 2011. Our 1st scheduled date for the hearing was on 24th Sep 2011 and the other party didnt show up. Again we were given a date of 27th Sept. 2011 and again the other party didnt show up in court. What is the maximum period of time the other party can continue not to show up for the 2nd motion? Is there anyway in which this process can be expedited? Is there anything either the court or the legal system can do to have the other party appear on the next given date or by a maximum deadline? Is there anyway that the 2nd motion be passed without the other party appearing or anyway by which the divorce can be granted?

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4 Replies

(Guest)

perhaps other party has changed their decision of divorce.Let's see what experts reply.

Tajobsindia (Senior Partner ) 28 September 2011

@ Author

1. As per recent Judgment of Apex Court she can take her own sweet time to turn in and MCD is purely a voluntary process and no Court can force her to appear before her in normal circumstances.

However the catch is in next para;

2. If there was an Agreement / Compromise Deed jointly executed between parties and husband has fulfilled his part of liabilities as mutually agreed under the executed Deed then there are Judgments even of Apex Court and various Hon'ble (State) HC's where in she can be bound to honor her part now !

From the brief we are not aware if any Agreement / Compromise Deed jointly executed between you two and that you have fulfilled your part of the agreement paras and unless those are/is known reference of re. Judgment(s) as hinted above at this stage will be too early an advise rendered to your brief. Come with more facts to get matching help on issues in hand.

kanwarjeetsingh (Adv) 19 October 2011

In MCD both parties have to agreed till final conculusion that is 2nd motion before the court. After 1st motion six months time is given to rethink the decision and if any party withdrawn, then the court might not force the party (who has withdrawn) for MCD. In that case 1st party may file the divorce petition in the court and if the 2nd party do not appear in the court for defending the case then the court may declared case as expartee.