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Wife is not signing final papers in mutual consent divorce.What to do
07-Feb-2023 (In Family Law)
hi i m writing this on behalf of my friend, copy pasted what he sent me.. my wife had an affair with her boss and i caught her in hotel. we are staying separately since 2.5 yrs. i married 3-4 yrs back under special marriage act. i have filed a divorce under mutual consent in november 2016 in Family court mumbai, we got counselling date for which my ex wife came and before counselling she left giving some reason. i met the counselor and explained her everything and she has given the Final date for divorce and on the same day she will counsel both of us. now after knowing this she is putting blames on me n my lawyer that you have lied to counselor and thats how we got final date (her statements are absolute non sensible) i have already paid half alimony at the time of filing the petition. Now if she doesnt come or cooperate for final signing what should i do? i want divorce anyhow as i cant stay with that lady.
If its a mutual consent divorce and she is refusing you can't force her , but maybe another meeting with the counsellor might make her change her mind. If she refuses finally , you will have to file one sided divorce petition.
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Adv. Shalini Devi
Mumbai | 400+ Answers
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In case of mutual consent divorce both parties should have agree mutually! But in your case it's seems that your wife avoiding same! If you have a solid proof about her adulterous relationship with her boss, you can proceed for divorce from Court. Concern to me!
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Adv. Bhalerao Prakash
Nashik | 200+ Answers
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your wife has chosen not to be present for second motion of mutual consent divorce. So, it's clear she is not going to co operate and you will not be able to take mutual consent divorce. Now, you will have to file for regular divorce which will be contested by your wife.
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Adv. Samina Mirza
Navi Mumbai | 100+ Answers
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