Divorce on grounds of cruelity

There is a way to solve your problem.  Your divorce petition is pending.  Make an agreement outside the court with your husband that you both are ready for mutual consent divorce, with a rider if he fails to turn for second motion or withdraw his consent given in first motion, you will be having liberty to resume the divorce petition from where it is closed.  After getting this agreement in the presence of two witnesses, get it notarized.  Make two originals of this agreement.  Then file one application along with this agreement in the court where divorce petition is pending, with a specific request that you are withdrawing this divorce petition with a liberty to resume the divorce petition from the stage where it is drawn.  After taking statements, the court will dismiss your divorce petition with the liberty I mentioned above.   If the husband refuses to come to such an agreement or the court refuses to dismiss the case with such rider of giving you the liberty to resume the case, then forget about MCD and get your contested divorce to continue.

@Author:

Information in your query is not much enough  to guide you in right direction.

Is divorce the only case filed by you OR there are other matrimonial cases(498a, DP 3/4, CrPC -125, DV  etc etc) ?

Both the parties are looking for safety and hence you are in fix.

Try to check with your local lawyer regarding inputs provided by  "Adv. Chandrasekhar".

Defaulter can be YOU / HIM, conditions have to be written accordingly.

Dear Querist

if he is not ready for mutual then fight the case on merit if you proved your case before the court then the court may pass a divorce decree in your favour.