Mutual consent / ex party divorce
Mrunmai Deshpande
(Querist) 16 November 2013
This query is : Resolved
I am a young woman of 40 years of age and have a daughter of 4 years. My husband doesn't want to work. So I had deserted him 3 years back and since then staying with my parents. Now, both of us are prepared for mutual consent divorce. Since I am working I do not want alimony and child maintenance from my husband. But my husband says that even though we are going for mutual consent divorce he will not appear in court even once though he is prepared to sign all the required documents. Considering this, will my divorce be ex-party or mutual consent and what are the disadvantages about this type of divorce? Please advise !
Anirudh
(Expert) 16 November 2013
Dear Ms. Mrunmai,
The stand of your husband that he will only sign the papers but will not appear even once before the Court, is as good as saying that he is not ready for mutual consent divorce!
Without going to the court and making a statement not once, but at least twice - once when the first motion of the petition is being initially filed and then when the second motion of the petition is to be filed, the question of the court dealing with the mutual consent divorce petition does not arise.
The only alternative is that you have to file a case for divorce. In that case, he has no other option but to come before the court. In case he does not come, then the court will proceed against him ex-parte and decide. Of course it will take time.
There is no big advantage/disadvantage, so long as you need divorce and you are not insisting or claiming any alimony or maintenance. People prefer mutual consent divorce so that (i) the other party does not contest (ii) there is no acrimony, there is no accusations and counter accusations and ugly exchange of words etc. In the case of normal divorce, if the other party contests then the process of divorce will linger on for more time than in the mutual divorce process. In your case, the way in which your husband says that he will not come to the court even once, I think he may not even respond to the court notice, and thereby forcing the court to order ex-parte divorce. This way also,the purpose of the mutual consent divorce would get fulfilled in your case.
Devajyoti Barman
(Expert) 16 November 2013
Even if he signs multiple number of papers expressing his willingness or consent to give you divorce such papers have no force under eye of law.
You have to get decree for divorce from competent court of law for which the presence of your husband before the judge on the scheduled date is mandatory.
So it is not a question of advantage of disadvantage, it is a question of validity under law. Such signing of papers has no legal status at all.
ajay sethi
(Expert) 16 November 2013
if your husband is not working what is his problem in coming to court for MCD . her has to attend court maximum on 3 dates .
agree with anirudh you wont get MCD if your husband dosent appear . file for divorce on grounds of cruelty/ desertion . if your husband dosent appear for 3 dates you can apply for exparte decree
prabhakar singh
(Expert) 16 November 2013
While advises advanced are correct.
I smell foul intention of your husband.
Though you do not wish to claim alimony or maintenance from him.
But he is certainly eying on your income as you told he is unemployed then he may contest your divorce petition just to pick pocket your purse which law would allow him to do in such circumstances under section 24 of HMA which reads as below:
"24. Maintenance pendente lite and expenses of proceedings.-
Where in any proceeding under this Act it appears to the Court that either the wife
or the husband, as the case may be, has no independent income sufficient for her
or his support and the necessary expenses of the proceeding, it may, on the
application of the wife or the husband, order the respondent to pay the petitioner
the expenses of the proceeding such sum as, having regard to the petitioner's own
income and the income of the respondent, it may seem to the Court to be
reasonable. "
AND section 25 which reads as below:
"25.Permanent alimony and maintenance.-(1) Any court exercising jurisdiction
under this Act may, at the time of passing any decree or at any time subsequent
thereto, on application made to it for the purposes by either the wife or the
husband, as the case may be, order that the respondent shall pay to the applicant
for her or his maintenance and support such gross sum or such monthly or
periodical sum for a term not exceeding the life of the applicant as, having regard
to the respondent's own income and other property of the applicant, the conduct of
the parties and other circumstances of the case, it may seem to the Court to be
just, and any such payment may be secured, if necessary, by a charge on the
immoveable property of the respondent.
(2) If the Court is satisfied that there is a change in the circumstances of either
party at any time after it has made an order under sub-section (1), it may at the
instance of either party, vary, modify or rescind any such order in such manner as
the court may deem just.
(3) If the Court is satisfied that the party in whose favour an order has been made under this Section has re-married or, if such party is the wife, that she has not
remained chaste or if such party is the husband, that he has had sexual intercourse
with any woman outside wedlock, it may at the instance of the other party vary,modify or rescind any such order in such manner as the court may deem just.
These provisions are main reasons that he is out smarting you.
Rajendra K Goyal
(Expert) 16 November 2013
Well advised by the experts, nothing more to add.
R.K Nanda
(Expert) 16 November 2013
nothing to add more.
Rajendra K Goyal
(Expert) 16 November 2013
Repeated query:
http://www.lawyersclubindia.com/experts/Ex-party-divorce-434786.asp#.UoeAJuKLq_I
V R SHROFF
(Expert) 20 November 2013
u said "I am a young woman of 40 years of age"
in today's query u wrote " I am a young man of 30 years of age. . Is there any alternate way or any free or low cost legal service provided for poor patients. Please suggest.""
So r u MAN ow WOMAN
R U 30 OR 40 YEARS AGE??
WHAT IS FALSE???
