Wife didnt term up for second motion for divorce what to do now
21-Feb-2023 (In Divorce Law)
Marriage happened twice. The discussion is about second marriage the case trial happened in tis hazari court and we went for a mutual consent and the first motion happened with statement of recording done from both the parties. She is not turning up for the second motion since 1 year and she did not turn up for two hearings. 1st hearing for second motion was on October 2016 she unfortunately met with an accident. And now in Feb 14 2017 for the hearing she did not turn up. what is the next course of action? Is again we need to start really fresh or new. Please advice and help. Regards R.Pushyamitran
Dear client
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....provide the full disclosure of facsts so that proper and appropriate guidance be provided to you
Purshyamitran Ji,
It depends upon if you had signed any MOU with her regarding mutual consent divorce. If you have then the clauses if any u have put in the MOU related to the contempt or related to the money i.e condition if any imposed if she does not turn up on second motion will be followed by appropriate proceedings and recovery of the money you paid her on first moton. If there is no MOU then again you have file a divorce proceedings against her on the basis of the facts of your case including this incident of her not turning up on the second motion and taking your money if any you have given.
It depends upon if you had signed any MOU with her regarding mutual consent divorce. If you have then the clauses if any u have put in the MOU related to the contempt or related to the money i.e condition if any imposed if she does not turn up on second motion will be followed by appropriate proceedings and recovery of the money you paid her on first moton. If there is no MOU then again you have file a divorce proceedings against her on the basis of the facts of your case including this incident of her not turning up on the second motion and taking your money if any you have given.
Yes if she is not turning up in second motion you have to start with a new divorce case. Now you have need to file a divorce case against her without mutual consent.
If she is not able to turn up due to health reason then commission can be formed and get the consent at her place.
But however if she is not willing to give her consent then without wasting time go for regular divorce process and get it.You can move supreme Court also subject to facts
But however if she is not willing to give her consent then without wasting time go for regular divorce process and get it.You can move supreme Court also subject to facts
If wife not coming up for second motion of mutual consent divorce ask court to issue summons/warrant in her name and even after that she doesn't turn up ask court to pass order keeping in view of first motion and her conduct of unwarranted harassment. Show that she is intentional avoiding just for harassment
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