My ex wife is not attending court on mutual consent

Originally posted by : venkateswara
	Hi Friends, Me and my wife has decided to take mutual divorce. So before file mutual petition, we both parties have decided to exchange and give back dowry money, gold and other belongings. And once complete the 6 months and after sanction the divorce only I should give the extra amount as compensation (the extra amount was in fixed deposit with both party mediators). These all things were documented in agreement papers. But here the issue is..my mutual consent divorce was applied in July 2014 so they have given the 2nd motion on Dec 2014... But my wife is not attending to court till now i.e. Oct 2015 except 2 times... That's two times the judge has given reconciliation.. So I missed to let the judge take her decision.. Now she is not attending court.. But i am having hearing for every 20 days from Jan 2015.. As I have given dowry and gold already and my extra giving amout has been locked in Bank with mediators names(their side mediator not responding properly )... I dont understand that how to come out this situation.. If you have any suggestion please help me to get out from this situation.. I appriciate your valuable suggestions .. Thanks, Venky

@Venkateswara - This how they play the delay tactics part. You should have given Gold, everything after the second motion. Okay past is past.

It is now October 2015. What is your Lawyer doing? Is he not requesting the Judge to give an exparte???

Check if there is any speedy process, there is some law.

But don't tell you have taken dowry to Judge nor to me. You can be punished under law.

 

No expartee for MCD. The case will be disposed post completion of 18 months. The only option left is contested divorce. Use this as an evidence.

Sri ramana govinda govinda.

 

Now its just roaming to court, thats all.

Exparte will be done only if parties have previously signed papers altogether and file it in court via lawyer or in person,

Mutual consent divorce was applied in July 2014 so they have given the 2nd motion on Dec 2014...

But my wife is not attending to court till now i.e. Oct 2015 except 2 times... That's two times the judge has given reconciliation.. So I missed to let the judge take her decision.. Now she is not attending court..

Based on your above information :  my  observations are as follows:

1. Its more than a year now and u should find the reason for not attending the court.

2. Whether it’s due to any genuine reason or just to stay away from.

3. If it is legitimate then u may wail for some time and bring her to court & get mutual divorce.

4. If it is hang about then u have to approach the court and explain the attitude of wife and with a clear clarification of your position which includes about the compensation arrangement made jointly in advance to obtain mutual consent. And bring to the court consideration for need of mutual divorce since the same is mutually agreed and applied.

 The conclusion is that court may be giving a one more sitting / final chance and then you may appeal to give a ex parte.

There is a section in HMA, 1955. I think sec 23 wherein the family judge is empowered to give order/decree after considering the factual matrix to the party. Otherwise you may file revision in HC by placing reliance on anil khatwani vs nisha khatwani judgment of sc. The wife flew away before second motion. Moreover you can file 384, 420 case upon her on basis of your MCD petition