I want peace, plz help.
Querist :
Anonymous
(Querist) 23 September 2011
This query is : Resolved
I have filed for mutual concent divorce in the pattern of 3 Affidavits, 1 for mutual concent divorce, 1 affidavit from my husband and 1 from me declaring that we are absolutely ready for seperation mutually. Then too can my husband delay or escape from attending counselling date which is 4 months later ???
In Mutual concent divorce, will court send summons to my husband ?? or will there be any Warrant if my husband doesn't come to court after missing 2-3 hearing dates ???
Devajyoti Barman
(Expert) 23 September 2011
The court is not going to send any summons to either of the parties.
If any of the two parties does not appear in the suit after lapse of six motnhs, the said suit after 18 months from the date thereof would be dismissed for default.
Raj Kumar Makkad
(Expert) 23 September 2011
Why should you feel tired at this stage when your mutual divorce petition is already in court and second motion date might have been given which might fall after 6 months of first motion?
You stop suspecting your husband without any new fact and wait for second motion.
Querist :
Anonymous
(Querist) 23 September 2011
@Raj Kumar Makkad- Sir i know my husband verywell, he has created lot of problems in past is not a trustworthy man at all.
So please explain me the consequences sir, iam very afraid. plz sir answer my questions.
prabhakar singh
(Expert) 23 September 2011
There is no point to speculate,mutual means mutual,it shall proceed when both of you desire so,court will not compel any party for any thing.
R.Ramachandran
(Expert) 24 September 2011
Yes, even after signing and submitting the mutual divorce petition, your husband can go back. He cannot be compelled by the court. In case that happens, then you have to file a separate petition for divorce. Having got into a marriage, it will definitely take time to get out of it through legal process. There is no point in simply getting panic, depression etc. These things will not help in the legal field. So you have to face things with courage. What is that you are afraid of - whether he will come for mutual consent divorce or not? As already indicated, if he does not come, you have to go for a separate divorce petition. If he indulges in any violence against you, then you have domestic violence act etc. But, if you are thinking in terms of getting divorce at the earliest to start a new life, naturally unless your husband co-operates with you for divorce, that cannot happen immediately. I hope you have your family support in your struggle.
Raj Kumar Makkad
(Expert) 24 September 2011
the consequences have been defined by ramachandran in very detailed manner. Who can say, you may also not appear in second motion and in that case also, you husband cannot seek divorce on that petition.
Sankaranarayanan
(Expert) 24 September 2011
yes all my great frds explanation is very clear and hope u understand well. You have to wait for some time to come out trap because law is such powerful.
Shonee Kapoor
(Expert) 24 September 2011
I think this question has already been answered in detail in other thread also.
Keep your fingers crossed till finally the divorce is granted.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Guest
(Expert) 25 September 2011
I agree with Shri Ramachandran.
