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Baadal khurana (none)     04 March 2015

Mcd hma 13b with one party withdrawing consent

MCD 13B filed under HMA.

 party "A" withdrew consent for divorce in front of judge during first motion saying that  marriage can be saved if more time is given. After that party " A" remained absent for next couple of hearings. Currently family court website list status of case as "PETITIONER'S EVIDENCE" stage and "EXAMINATION IN CHIEF OF PLAINTIFF WITNESS NO" sub stage.  What does this stage and sub stage descripttion mean ?  Can judge conclude in MCD case if one party continue to stay absent ?

 



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 8 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     04 March 2015

Dear, Has the divorce earlier been filed on any other ground or not ? No the court cannot pass the MCD in the absence ..... Kapil Chandna Adv 9899011450

R.K Nanda (Advocate)     04 March 2015

no, court cannot pass any orders in MCD in absence of 1 party. Thanks, You can also opt for CLICK TO TALK option for more legal advice on mobile.

anjalibhandari   04 March 2015

Dear Basal khurana court cannot decide mutual consent divorce in absence/ or without consent of any of the party. During first motion consent of both the parties is mandatory but yes if during second motion any party withdraw its consent even after signing memorandum of understanding than court if agrees can allow second motion...Anjali Bhandari Adv 9717818148

anjalibhandari   04 March 2015

Dear Basal khurana court cannot decide mutual consent divorce in absence/ or without consent of any of the party. During first motion consent of both the parties is mandatory but yes if during second motion any party withdraw its consent even after signing memorandum of understanding than court if agrees can allow second motion...Anjali Bhandari Adv 9717818148

anjalibhandari   04 March 2015

Dear Basal khurana court cannot decide mutual consent divorce in absence/ or without consent of any of the party. During first motion consent of both the parties is mandatory but yes if during second motion any party withdraw its consent even after signing memorandum of understanding than court if agrees can allow second motion...Anjali Bhandari Adv 9717818148

Baadal khurana (none)     06 March 2015

Thanks for reply.  There was no other case filed for divorce on any other ground  before first motion.

After withdrewing consent  for MCD, there is case filed under section 13. Current both the cases (13 and 13B HMA) are open.

 Currently family court website list status of  13B case as "PETITIONER'S EVIDENCE" stage and "EXAMINATION IN CHIEF OF PLAINTIFF WITNESS NO" sub stage.  What does this stage and sub stage descriptttion mean ? 

 

 

 

Originally posted by : Kapil Chandna

Dear,

Has the divorce earlier been filed on any other ground or not ? No the court cannot pass the MCD in the absence .....

Kapil Chandna Adv 9899011450

Baadal khurana (none)     06 March 2015

Thanks ALL for reply.  There was no other case filed for divorce on any other ground  before first motion.

After withdrewing consent  for MCD, there is case filed under section 13. Currently  both the cases (13 and 13B HMA) are open.

1)  Can court conclude  in divorce case filed unde rsection 13 with one party absent ? 

2)  Currently family court website list status of  13B case as "PETITIONER'S EVIDENCE" stage and "EXAMINATION IN CHIEF OF PLAINTIFF WITNESS NO" sub stage.  What does this stage and sub stage descriptttion mean ? 

 

 

 

Originally posted by : Kapil Chandna

Dear,

Has the divorce earlier been filed on any other ground or not ? No the court cannot pass the MCD in the absence .....

Kapil Chandna Adv 9899011450

T. Kalaiselvan, Advocate (Advocate)     08 March 2015

If one of the parties to the case under section 13 B remains absent or withdraws the consent, the case will stand dismissed, so wait until the next hearing for the court to decide about it in case one of the parties decide to withdraw the consent.


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