Anonymous Anonymous (Accountant) 10 January 2011
Is it an offense or a contempt of court to not appear for the second motion of the mutual consent divorce filed in the family court?
My wife and her parents are behaving in a very bad way. I would like to teach them a lesson by dragging this case for a while. I would like to know if the case will get adjourned if I dont appear for the second motion. Kindly tell me if I will have any problems if I dont appear.
Pls advice
Saurabh..V (Law Consultant) 10 January 2011
@Anonymous
Mutual divorce is only possible when both parties appear and present both motions together.
If you are not appearing and still one party is appearing then the judge may adjourn the hearing once or twice but afterwards he may dismiss the application in default.
You cannot be prosecuted for 'contempt' or any other offense as this is a family case and not a criminal trial. So on this issue you need to worry.
My suggestion is that if you have decided to give divorce then do not hang and drag this issue. It only brings agony to parties and bring more hatred. When you have already decided for divorce then you should get it done ASAP.
//peace
/Saurabh.V
G. ARAVINTHAN (Legal Consultant / Solicitor) 10 January 2011
Not an offence. Non appearance in a case for divorce under mutual consent is not an offence.
However it can be a record for the other party , if divorce case is filed
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