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Mutual divorce filed but wife not appearing after in second motion
11-Aug-2023 (In Divorce Law)
Hindus - marr in jan 14 - shortly thereafter living separately - a notarised compromise entered in feb 14 both parties to return jwellery; one time settled amount to be deposited in court- joint divorce application with compromise moved in family court- agreed amt deposited but jwellery could not be exchanged - wife is not turning up for second motion and 18 months are going to be elapsed - she is not in touch and exact where about not known - i)recourse to husband; ii) if divorce plaint is filed will it be considered as desertion by the wife iii) whether the summons can be sent bia e mail
First of all move a petition before the Court to withdraw the Petition U/s 13(b) with the reason that the second party is not appearing before the Hon'ble Court. After that you should move a separate petition seeking divorce before the same Court stating all the facts of the case with all the certified. Copies of previous litigation.
And as of now there is no process of sending Summons through E-mail.
And as of now there is no process of sending Summons through E-mail.
Helpful?
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Adv. Anurag Garg
Ghaziabad | 25+ Answers
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Can a husband get divorce if wife refuses?
If the wife denies divorce, then you can file for divorce on these grounds: Adultery. If the wife refuses to divorce you, you can ask for divorce based on adultery.
What happens if wife doesn't appear in court?
Advocate Piyush Shrivastava
Ex Parte Decision: The court can proceed ex parte if your spouse does not attend court, despite having been served with summonses and notifications. The court will decide in your favor even if your spouse is not present.
What happens after second motion in mutual divorce?
After that, the divorce mutual will be filed. Two appearances are required. The first motion is when you first appear, record your agreement to divorce mutually due to irreconcilable differences between you both. After 6 months, you will appear for the second motion. The divorce will be granted. 08-Jan-2021
What happens if wife doesn't appear in second motion?
If you fail to appear at the second divorce motion hearing, the court will not punish you. You can sue your husband to recover the half of the alimony you received during the first divorce motion. Thats all.
Dear sir,
If application for mutual divorce has been filled before the family court, and know that the wife is not turning up neither her counsel, kindly on the next date of hearing press upon for warrants to be issued against wife.
Secondly, Summons can be served on local place of residence, however if same is unserved then service by mail.
Please feel free to contact the undersigned to take it forward.
Regards
Pragya Wazir
If application for mutual divorce has been filled before the family court, and know that the wife is not turning up neither her counsel, kindly on the next date of hearing press upon for warrants to be issued against wife.
Secondly, Summons can be served on local place of residence, however if same is unserved then service by mail.
Please feel free to contact the undersigned to take it forward.
Regards
Pragya Wazir
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Adv. Pragya Wazir
Delhi | 100+ Answers
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There is more details required to suggest further steps like terms of settlement, the effect of how much cost of jewelry to be exchanged to each other, the present address of wife traceable and informed to the court or not etc. But in present condition e mail is not a valid option. what is need to do is serve the summon through publishing it on a local news paper or the news paper is in circulation of that aria with the permission of court. Because the consent has already given by wife through joint divorce application judgement should be in favor of husband. The wife can only elapse the time as much as she can. For more appropriate approach need to discuss with details.
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Adv. Priyesh Verma
Varanasi | 25+ Answers
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as per your query 1) husband can file breach of contract and specific performance suit.
2) the agreement is already recognized by the court and as per you the agreed amount is also deposited in court so the court can allow the suit.
3) yes e mail is a recognized way of communication and the summons can be communicated through e mail
2) the agreement is already recognized by the court and as per you the agreed amount is also deposited in court so the court can allow the suit.
3) yes e mail is a recognized way of communication and the summons can be communicated through e mail
Helpful?
31+
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Adv. Aseem Goswami
Lucknow | 100+ Answers
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