Please help : urgent

Sir

On Pts. 1 & 2, both parties have to mandatorily appear in court on hearing date. As your wife has not appeared on the said date, a summons may be issued to her current/last known address, requiring her to appear before it within 30 days' time for determination of the case. Inspite of all that, if she still does not appear, an ex parte, non-appealable final decree may be passed by the court.

On Pt. 3. You have nothing to worry about. As there has been a breach of the covenant terms mentioned in your MOU/MCD, you may file an Execution Application (EA) or Execution Petition (EP) in the court which passed the decree/order. Mention all your case details & then add a new averment mentioning that owing to wilful refusal of your wife in not complying with the court decree, you are unable to sell your flat & give 50% of proceeds in favor of your children, per decree.

Good luck! For any clarifications, you may contact me at: basu_kunal@hotmail.com.

Regards

Advocate Kaybee

I doubt this divorce by mutual consent case can be resolved. If she fails to appear on the next date of appearence after 6 months and insist for changes in the MOU initially agreed by both than just forget it, let the petition of MCD be dismissed by the Family Court on her non-cooperation. You can always file divorce petition on the ground of cruelty referring her misbehaviour. 

What's that madam, can you please elaborate 

So basically I attend on the given court date and have the case dismissed. Do they dismiss it for a fixed period ? How many times does the Court allows her absence?

Sir, cruelty and misbehaviour hear means..? Her change in statements or absense on court given date.