ex party 13B

D. Goswami (Querist) 25 February 2010 This query is : Resolved
whether exparty mutual divorce can be granted if one petitioner is absent at the time of final hearing? pls. gave citation. Thanks

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Raj Kumar Makkad (Expert) 25 February 2010
No. The word mutual denotes presence of both parties. If one of the parties at the time of final hearing is deliberately not present in that event such petition is liable to be dismissed.

seshagiri Rao (Expert) 25 February 2010
I agree with mr.Rajkumar makkad

Devajyoti Barman (Expert) 25 February 2010
Though if one of the parties fail to appear on the date final hearing for divorce the court is not authorised to grant mutual divorce,in a very recent case the Supreme Court in a very similar circumstances granted divorce invoking it jurisdiction under Article 142 of the Constituition.

D. Goswami (Querist) 25 February 2010
sir, I know that u r correct, but I need some citation in favour of exparty order, which is exceptional.

N RAMESH. (Expert) 26 February 2010
Mr.Goswami, read the advice of experts. There is no way court can grant exparte divorce in case of petition under mutual consent.

When we say that court can not grant such divorce where is the question of citation?