Delay in mutual consent divorce
Santosh Nair
(Querist) 10 December 2012
This query is : Resolved
Hi
We had filed a Mutual consent divorce in Feb'12 in Kalyan High Court, Thane, Maharashtra and 1st hearing was in Aug'12. Both parties were present on this day but judge has given us next date in Sept'12. Girl and her family stays in Chennai. They are very adamant and not ready to come down to Mumbai for any hearing.
I want to know is there a way we can still get divorce with one party presence. Since she is not ready to come, can we summon her through court to get Decree. She is ready to give us in writing or give affidavit but not interested to come for any hearing.
Also all this problem is because our lawyer was not present on single day of hearing and not coordinated the case. Also he vanished taking all his fees. Can we file a fraud case against him.
Please advise.
Thanks
ajay sethi
(Expert) 10 December 2012
kalyan dosent have high court . it is bombay high court .
your wife cna change her mind . if you want divorce by mutual consent both have to attned date of hearing .
if your lawyer has vanished file complaint aginst him in the Bar council .
Santosh Nair
(Querist) 10 December 2012
Mr Sethi, Thanks for your reply. I want to know can we appeal court to issue summons in her name to appear in court. Will that benefit in receiving ex parte Divorce. She is ready to give affidavit in case she backs off after sending summons.
Thanks for advise to complaint about Advocate in Bar Council.
ajay sethi
(Expert) 10 December 2012
in MCD presence of both parties is necessary . if your wife refuses to come to court then court will not grant you MCD .
sibasish pattanayak
(Expert) 10 December 2012
Hello Mr. Nair,
as per your posting i like to suggest you with some exchange of opinion as , as there is no HIGH COURT AT KALYAN, HIGH COURT IS NOT THE PROPER FORUM TO FILE DIVORCE SUIT EITHE MCD OR CONTESTED, THERE IS DIST JUDGES COURT WITH POWER,
OVER the situation as mentioned by you , you can withdraw / not pressed the said mat suit Pending at THANE with a liberty to file a fresh at CHENNAI where your wife is residing, both of you have to attend before the said court on the date fixed for final hearing, it is more hassel free than the other.
i also suggest both of you in TAMIL NADU & MAHARASTRA HAVE A SET UP OF " FAMILY COURT " and in family court any one can appoint a POA to file /move /sign / affirm the contends of mat suit on his or her behalf.
regards,
SIBASISH PATTANAYAK,
ADVOCATE, KOLKATA.
e-mail: sibasish_adv@yahoo.co.in
pattanayaksibasish@gmail.com
call: 09874854594 / 033 2414 8039( 8.30pm to 11.00pm.
Raj Kumar Makkad
(Expert) 11 December 2012
I do agree with the above-noted advice.
