Query for sec.13b of mutual consent divorce
Law Querier
(Querist) 13 May 2013
This query is : Resolved
A divorce petition under section 13(1) (ia) (Contested Divorce) is converted to section 13B (Mutual Consent Divorce) in family court.
1. If one of the parties remains absent in court procedure of MCD then what steps court can take?
2. Can court grant ex-party divorce if one of the parties remains absent in court procedure of MCD?
3. If one of advocate of parties remains absent in court procedure of MCD then what steps court can take?
4. The divorce case has converted from 13(1) (ia) to 13B. Do this case counted as a new case?
5. A party should give extra fee to advocate for the conversion case of 13B (MCD) though the party has given complete fees for the case of sec. 13 (1) (ia)?
Devajyoti Barman
(Expert) 13 May 2013
1. case would be postponed
2. no
3. case may proceed if parties are available.
4.no
5.no comment on it, fees is personal prerogative of an advocate.
Raj Kumar Makkad
(Expert) 14 May 2013
1. Petition shall be dismissed.
2. No because MCD means mutual consent divorce. There is no provision of proceeding ex-parte to either of the parties because the petition is presently mutually by both parties as petitioners and none is impleased as opposite party in that petition.
3. It shall not affect the court proceeding.
4. Yes.
5. It depends upon mutual understanding.
V R SHROFF
(Expert) 14 May 2013
Nothing to add. MCD need consent of both parties in 2nd motion too.
