Mutual consent refusal
Querist :
Anonymous
(Querist) 28 December 2011
This query is : Resolved
Dear Lawyers,
If a spouse does not co-operate after filing for divorce by mutual consent, what options does the other spouse has got for getting the divorce?
In my case, the mandatory 6 months period after filing the divorce by mutual consent has passed. After the expiry of this period, my spouse now refuses to come along for the court hearings.
I heard that there was amendment to HMA in 2010 wherein this situation can be considered to fall in irreterievable breakdown of marriage category and therefore the divorce could be granted.
My questions are:
1. Is my understanding correct, i.e. does the case/situation be considered as irreterieval breakdown of marriage?
2. If yes, how would I request the family court to grant me exparte divorce?
3. If no, what should I do?
Regards,
Husband under stress
prabhakar singh
(Expert) 28 December 2011
Law you are talking about is still not notified for application hence now you shall be required to proceed for a contested divorce.
Devajyoti Barman
(Expert) 28 December 2011
Yes if either of the parties fails to turn up on the final date of hearing the divorce would not be granted.
So withdraw the same and file another petition under section 13 of HMA.
Rajeev Kumar
(Expert) 28 December 2011
If either the party to fails then you have to fight the contested case.
Shonee Kapoor
(Expert) 28 December 2011
Irretrivable breakdown of marriage is still not a law in this country.
You have to contest the case only.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Deepak Nair
(Expert) 29 December 2011
to contenst the case is the best option before you.
Querist :
Anonymous
(Querist) 08 January 2012
Thank you experts for your advices!
Further, my queries related to the same are:
1. When is the notification expected for the irretrievable breakdown of marriage to become a law?
2. My wife refused to come to court after filing for mutual consent divorce. Does this fact strengthen my contested divorce against her?
3. Any good lawyer that you could recommend in Hyderabad please?
Regards,
Husband under stress.
V R SHROFF
(Expert) 08 January 2012
both parties must file aff, to grant mcd, otherwise Divorces will not be granted.
If ur wife do not co-operate, no good adv can help you getting mcd.
it proves strained relationship, and help court consider in fvr of Div.
