Help required to avoid Force fully Mutual concent divorce

Question

Help required to avoid Force fully Mutual concent divorce

02-Apr-2023 (In Divorce Law)

Me and my wife file for MCD in Aug 2019.First motion has already been done in Aug 2019 but after some time I realized that marraige should be saved and i stop attending court dates but wife is continuously attending court dates.During the last date before dismissal of mutual consent divorce petition.wife has filled application for “ Addmission or denial of documents” and court has registered it ad interm application and issue notice to me for filling reply.Help required on following points 1) what “ Addmision or denial of application mean” 2) how court can force me to present in court in mutual consent divorce 3) what will happen if i dont file any reply to said application or not appear in court

Answers (4)

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Advocate Brij Mohan LawRato · Accepted Answer · 2021-04-02T17:41:28+05:30

Answer #2

In a case of divorce with mutual consent sufficient time is given to rethink about the decision. A person/couple has a right to change their decision and inform the court regarding the same. Reading the answer here alone may not help much. As certain things will not be clear. Even in your question you have mixed things. You need to discuss your case in detail with us to understand things clearly. Brij Mohan (Adv.)

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Advocate Vishwanath Pratap Singh LawRato · Accepted Answer · 2021-04-03T19:27:25+05:30

Answer #3

hello client as i can see ur issue is really very much serious in nature . as you said you do not wish to give divorce to your spouce. so you arr willing yo avoid rest of the divorce process to procees futher. in this mattrr you aRe right tht court can not force you yo give divorce to your wife. in this Matter yes you can avoid rest of tge process to save marriage but it need to be done under tge guidence of an expert advocate. who can guide you properly.

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Advocate Kunal Sinha LawRato · Accepted Answer · 2021-04-14T05:00:53+05:30

Answer #4

The court will not proceed with the 2nd motion until and unless you give your consent. In fact the whole idea is to give the parties an opportunity to reconcile. The court will proceed ex-paste i.e without you being present and your opportunity to file a reply will be waived if there is undue delay. I would advise you to consult with your lawyer to understand the repercussions in more detail. Was there a settlement deed signed pertaining to Child Custody or any other form of settlement.

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