Husband is delaying second motion in mutual done

Dear Experts

Please share your suggestions 

After how much time application get dismissed if he continuously  fail to appear in court.I have understood that Second motion can be filed from 6 months to 18 months.Will court wail for 18 months or dismiss it before 18 months if husband fail to appear in court

pleasr suggest

The best option is to watch and wait or to withdraw the petition and file a petition for divorce. But the latter course could take much time for a decision.

Dear Mr Venu

Is there any possibility that court will dismiss the case before 18 months if husband fails to appear on court Or court will wait for 18 months complete to dismiss the petetion

Dear Experts 

Please suggest 

If the parties do not appear within 18 months of passing first motion of mutual consent divorce, it will automatically lapse.

Your lawyer is well aware about the case and competent / intelligent enough to proceed, contact him/her immediately.

It is better to consult another local prudent lawyer for better appreciation of facts and guidance if you have lost faith in your lawyer.

Dear Vashishta sir

I want to understand particularly, Both the parties are not withdrawing the MCD.Is there any possibilty that court should dismiss the petetion before 18 months if one party or both the parties remain absent on the  dates given by court after first motion or it is mandatory for court to wait for 18 months to dismiss the petetion

Dear Ms. Baby,

The Court shall not give any date for proceeding u/s 13 (B)(ii) HMA i.e. for filing and proceessing second motion of MCD. It is open for the parties to the suit to file for MCD within 18 months of First Motion (under section 13 (B)(i) HMA) or not. The Court has no power to dismiss your petition u/s 13 (B)(i) i.e., FIRST MOTION which is already allowed.

In simple words BOTH the parties are required (at their own) to move fresh petition for second motion after 6 months but within 18 months of passing order on the petition of first motion of MCD.

It is better to consult your lawyer or some other local prudent lawyer for better appreciation of facts,  proper guidance and proceeding.

However, if you are located in Delhi and feel so, may contact me (on appointment) with relevant records at: Chamber No 647, Lawyer's Chamber Block, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi-110075  Cell # 9891152939 email: majjagdish@yahoo.com or visit at: vakil-saab.com

Best wishes

Thanks sir