Query on divorce by mutual concern

as far as mcd is concerned presence of both the parties is necessary at the time of filing first and second motion

Does my presence is must/required at time of filling divorced application in court by her ?

personal presence of both parties either at first motion or second motion is not a must.  they can be represented by their advocates and filing appropriate affidavits as stated in the judgments:

Delhi HC judgment 

Date of Reserve: September 05, 2008

Date of Order: September 19, 2008

CM(M) 1030/2008

19.09.2008

Mr. Vinay Jude Dias ...Petitioner Through: Mr. Sandeep Sethi with

Mr. Anshu Mahajan and

Mr. Vikas Aggarwal, Advs.

Versus

Ms. Renajeet Kaur ...Respondent Through:

JUSTICE SHIV NARAYAN DHINGRA 

and in

Andhra High Court

Smt.Lakshmi Prasanna vs Counsel For The Petitioner: Sri ...

Civil Revision Petition No.875 of 2012

19.03.2012

Sri S.B.Tirumal Raj

Smt.Lakshmi Prasanna 

Thank you Mr. Ganesh Rao

That mean presence is not required and must at first and second motion. 

The presence of both the parties before the court is essential, the lawyer can represent at one time, but the court insist the presence and post it on next date for presence of both the parties, if either of the parties do not appear the case may decided to be dismissed, donot under go such risk.  The cited case above may not be a relevant issue tom your query.

Pl. go thru the above citations in full.  Presence of both parties is not needed at any time as per these decisions.

@ Ganesh rao sometimes citation alone can't resolve the legal issues. It depends on so many factors. It could be the case where parties may have taken virtual mode for the divorce motions in section 13B. The court should have adequate infrastructure to carry this forward. It all depends on the Judge who is chairing the court.

Do not mislead people if you are  not aware of the facts.

the citations given are correct.  there was no virtual mode etc.    

The views/opinions expressed in this forum are for sharing knowledge.  before acting upon,  the persons have to approach a full fledged and reliable lawyer, cross check the views and then take appropriate action. 

 in fact it is the lawyers that are mostly misleading the public.  i don't think mr. sandy has gone thru the citations in full.  and mr. sandy was saying"it all depends on the judge who is chairing the court"--true.  this statement applies to all types of courts and cases.  i have personally seek in high court, a judge saying that he won't read any of the citations given by the parties/advocates!   and did not take the citations that were sought to be presented during the arguments of the case.  such type of judges are there.

and i have seen a family court judge giving ex-party decisions, unilaterally [may be on account of some quid pro quo] and the same judge dismisses a petition filed for divorce and contested by both the parties;  the parties filed their chief affidavit and examined themselves and were cross examined by the opposite party;  but did not produce any witness on either side. The petition was dismissed as no witnesses were produced by either party.  On appeal, the high court granted divorce in favour of the petitioner.

Mr.Ganesh Rao,

I interpret UR answer to a certain extent. I shall give U an example: Two cases u/s 138 NI Act were going on in 2  MM Courts. The entire proceedings right from the statutory notice till the arguments were similar, and also the evidences produced. Judgements were as follows: One Magistrate convicted the accused that as U have given a cheque and it got bounced U have committed  a crime according too the act, hence  U are sentenced to undergo one yr simple imprisonment ( no fine imposed). The other  magistrate finding the accused guilty penalised him with double the cheque amount with simple interest plus court charges. Why variation in judgements  for similar cases.

Every judge will have his own mode of approach to the contents of the Act .

Sheetalji,

U understand UR entire query, why did U tread into another query? U should post a new query, otherwise we will not be able to do justice to the original query.

So what is the final conclusion on this inquiry ? As i found there are good amount of information exchange but for common man...what should be simple answer to this question ?