Girl dragging the case

dear Jai Chand, the best solution in this situation is persuasion.

talk to the other party for quick settlement.

its true that as per recent judgment in 2009 the trial court and high court can not waive off the 6 months period and further the presence of both the parties at second motion is must....no unilateral divorce.

keep u cool and let the matter finished amicably, even a bit of anger or other legal step may bounce back.

Thanks for the quick reply. We've tried a little bit of persuasion. It seems that they are being dishonest about it and if we try and call them, they come up with excuses like health etc and try to assure us that they'll show up at the next hearing, which they don't. And every time their lawyer tries to get the farthest date possible. And as I said, my brother has almost broken down, if this continues anymore I fear disastrous consequences for him. Thats why I am looking for options for quicker resolution of this matter.

Chand,

You also need to drag the case for next 9 months if she does not come. Do not let the case dismissed. On the expiry of 18 months from filing of MCD, you can ask the High Court to grant the decree of divorce when the case has not been withdrawn. The High Court can grant the divorce.

Chand,

You can also try filing SLP in Supreme Court for granting the divorce stating that they are not staying together since last 5 years and not co-operating in MCD for last 9 months. This needs to be filed using article 142 of Constitution of India, where only SC has to power to grant the divorce. This will also take time and most probably they will grant the divorce immediately. In some cases the divorce has been granted at SLP level itself.