Time period for dismiss mcd petition in absence

After 18 months from the date of first motion. However, it can be dismissed earlier also if one party withdraws consent.

seniors,

m under impression tht one get divorce in mcd after six [6] months.

also is it necessary the presence of both parties at the time of filing petition or power of attorney of one  party will do.

Originally posted by : Adv Archana
	After 18 months from the date of first motion. However, it can be dismissed earlier also if one party withdraws consent.

Ma'm,

If six months has passed after first motion and second party is not picking up any conversation regarding second motion should first wait for 18 months to take any action?

When can we ask judge to summon them to appear in second motion?

Originally posted by : Adv Archana
	After 18 months from the date of first motion. However, it can be dismissed earlier also if one party withdraws consent.

Ma'm,

If six months has passed after first motion and second party is not picking up any conversation regarding second motion should first wait for 18 months to take any action?

When can we ask judge to summon them to appear in second motion?

The court will not summon the other party, absolutely not.....Actually in an MCD the second motion is to be jointly moved by both the parties. Contact the other party and convince her to appear before the court.

@archana: 
The court will not summon the other party, absolutely not.....Actually in an MCD the second motion is to be jointly moved by both the parties. Contact the other party and convince her to appear before the court.

like to knw do u want to say in 1st motion absence of anyone party will do but not in second motion.

m i right ?

You are wrong... when the query is specific about 2nd motion and my reply is also specifically about second motion only, then why to unnecessarily draw inferances about the first motion? In MCD both motions are to be jointly moved.

Originally posted by : Adv Archana
	The court will not summon the other party, absolutely not.....Actually in an MCD the second motion is to be jointly moved by both the parties. Contact the other party and convince her to appear before the court.

In a state like for second motion, both parties has to file petition again for second motion and then the date for second motion is given.

So, if wife is not willing to file second motion after taking money in first motion :

1. then husband has to wait for 18 months (after first motion) to take any legal action of returning back money?  or
2. husband can initiate action (let say 420) immediately after 6 months ? or
3. husband cannot take any legal action ? or
4. Should he wait for 18 months and then file contested divorce or RCR ?
5. Point which i want to understand is that by any means, can husband take back money given in first motion, if she ditches in second motion? How easy will it be considering biased mindset of judges and law?
6. Should husband put a clause in MCD MoU to return money back in case of default in second motion with interest on money given in first motion? Then is he safe?

I want to understand the practical aspect but not the legal aspect. Legally things are in book but the laws are so biased for women that even after knowing the fraud of girl they support them.

Archana ji, please answer!!!!!!!!!!!!!!!!!

anyone, please?

You can take your time till the end of 18 months and do efforts to convince your wife to come for the second motion. You cannot claim refund of money once given to your wife for her maintainance. What should be done or how the MOU should be drafted depends upon the facts and situation of a particular case. The MOU should be properly drafted. If the wife breaks the agreement, then contested divorce can be filed however, everything depends upon facts, circumstances and pleadings.

Dear Querist

it depend on the court and there is no specific time period to dismiss the petition on non-appearence of the parties, the court may pass an dismissal order at any time if the court think fit due to non-appereance of parties.

Me and my wife had applied for divorce by mutual consent about seven month back. During the first petition we had agreed upon an amount which would be given by me to my wife as permanent mainteneance, alimony, streedhan etc. Half of the said amount was given by me to her in the first petition. The court had passed a date for filing of second petition around a month back. However  she did not turn up on that date citing some reason, her lawyer was however present. The court has now passed a date one month hence for the second petition.

1. In case if she does not turn up again what options are available to me

2. Can the court dismiss the petition for her not being present or can I ask for a unilateral decision

3. What about the money that was paid by me to her while applying the first petition