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Filed mutual divorce wife refusing to come for second motion
11-Oct-2023 (In Divorce Law)
Greetings!!! Me and my wife has filed divorce under mutual consent and have finished all the hearings. Now the only thing pending is to give last affidavit before decree is announced. However my Ex-Wife is unwilling to come to court and we have crossed 18 months long back. Is there any way out of this unending misery??
HI, Please note that you have to call your wife before the Hon'ble Court, since the consent is required for that purpose. It is fine even if eighteen months are over and your divorce is pending still try to get your wife into court and get consent for the same. Other than it depend on your mutual consent terms and condition and if court think fit to dissolve the marriage court may pass an order for divorce but it all depend on the sole discretion of the court and merit of the case.
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Adv. Rajiv Rajpurohit
Ahmedabad | 100+ Answers
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as per section 13 B of Hindu marriage act, if anyone petitioner not giving his or her consent via affidavit then said petition has been dismissed, but if you want divorce with your wife then you should file divorce petition under section 13 of Hindu marriage act.
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