Non appearance in court
Bablu Ghosh
(Querist) 17 December 2013
This query is : Resolved
In a mutually consented divorce case I am from the petitioner 1 side.Case has been already filed in Motion 1 date.Motion no 2 date is nearing.It is apprehended that petitioner no 2 may not appear on the motion 2 date.What will be the implication
1)Whether the court will give a second date ,so that both petitioners appear OR
2) As petitioner no 2 has not appeared case will be resolved giving the decree of divorce in favour of petitioner no 1.OR
3)The case will be dismissed without passing any decree
Dr J C Vashista
(Expert) 17 December 2013
We the experts cannot guess
a) who is petitioner No 1 /2, i.e.,whether husband or wife?
b) Who appeard and who did not?
1. The court will not give any date in MCD since both the parties to the petition have to be physically present in Court.
2.No dismissal of the case but it will not be entertained in the absence of either of the parties.
V R SHROFF
(Expert) 17 December 2013
You will get next date.
After 18 months of filing Motion I, it will be dismissed, if any of the parties do not appear. It shows Consent failure, so no MCD.
T. Kalaiselvan, Advocate
(Expert) 17 December 2013
The second motion after 6 months; suppose one of the petitioners is not appearing on that date the court at its discretion may extend the time for appearance of both parties on a next date later on, if the petitioners donot appear on that date also, at its discretion the court may extend the time upto 18 months from the date of application or dismiss the case. The court cannot compel the appearance of another petitioner.
