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Rajagopal   09 July 2015

Non appearance of husband on mutual consent divorce petition

One of my friend has applied for mutual consent divorce and filed the petition in the court. Judge had posted the case on a date after six months. But her husband dos't apeared on the said date and Judge had given another date as final hearing date. In case husband dos't come on the final hearing date what will be the status of the case . They have mentioned on the petition that they don't have any claims against each other.



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 9 Replies

N.S.Udaya Kumar (lawer)     09 July 2015

by the execution of specific power of attorney  in favour of his parents for appearence before court on behalf of husband place and give evidence before court.

Sandeep Hegde(89 717 84 550) (Advocate)     10 July 2015

Without both of their presence they wont be able to get divorce. You can ask your ask to request the court to give one more opportunity and fix another date. In the mean time she can contact her husband and convince him to appe�r before the court.

Sandeep Hegde(89 717 84 550) (Advocate)     10 July 2015

Without both of their presence they wont be able to get divorce. You can ask your ask to request the court to give one more opportunity and fix another date. In the mean time she can contact her husband and convince him to appe�r before the court.

SAINATH DEVALLA (LEGAL CONSULTANT)     13 July 2015

Though MCD is the easiest way for getting divorce,it requires the presence of both the husband and wife,which is mandatory.It cannot be granted by way of POA.

Adv k . mahesh (advocate)     13 July 2015

mutual consent divorce is a easiest and fast and if both parties appear then only divorce decree will be granted and in this particular webcam nor poa will work and normally after 1st motion the second motion is valid for 18 months so how come this is a final hearing

Anand   13 July 2015

I'm confused. Some advocates say webcam/POA is allowed others don't. What is the actual deal here? 

 

Read here: https://www.hindustantimes.com/mumbai/couples-need-not-attend-court-in-mutual-divorce-hearings/article1-834637.aspx

 

... "In her order, justice Mridula Bhatkar stated that when parties cannot remain present because of practical difficulties such as lack of leave at work, “there is no illegality to solve such difficulty by adopting novel and available ways.” The court allowed the parties to use technology such as webcam to solve the problem."

SuperHero (Manager)     14 July 2015

It depends on the Place and Courts..and the state you live....

For E.g In Small towns the judges would ask both parties to attend.

Some High court orders - try to reconcile the couple.. just don't grant divorce...

Last but not Least - It is the Karma of each person...to roam around courts...

LegalFighter (test)     14 July 2015

What happens if husband doesnt attend  till 18 months?

SAINATH DEVALLA (LEGAL CONSULTANT)     14 July 2015

The way of conducting the proceedings differ with every judge.

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