queshusband not appearing for 2nd motion in mutual divorce petition

My fiance took a childish step of doing a registry marriage with a guy who was faking everything about himself. The marriage was done on 23rd of nov 2013. A mutual divorce was filed in 23rd nov 2014 . and we got dates after 6 months that is in june. But the guy is not coming to the court. He signed the mutual consent paper. Bt he is not appearing in the court for decree. He want to meet the girl in private place for physical needs. He mentioned these in messages and we have that. What can be done ? Please suggest.

  • answithout his consent the decree of divorce will not be granted. better withdraw the petition and file a petition for divorce under 13 A for divorce on the ground off cruelty. the messages can be a better proof of the same and it can be used against him.

    Advocate Sangram Singh Desai

      Shivajinagar, Pune

  • ansYou may file criminal complaint in police station or in court through application where proceeding is going on. You may alternatively file complaint under section 354 of Indian Penal Code.
    The courts are empowered to take action criminally. Now special provisions exists to handle such situations.

    Advocate Feroz A Shaikh

      Kurla West, Mumbai

  • ansThough he is not appearing for date fixed and if he had filed affidavit for mutual divorce, then court may pass divorce. If not passed then convert the petition into divorce for cruelty and may ask for monthly maintenance till divorce, and then lumsum maintenance forever if ready to give divorve mutually.

    Advocate Uday Jadhav

      Bibvewadi, Pune

  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Family Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
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