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Wife not coming on final date of hearing,file mutual divorce by wife


05-Feb-2023 (In Civil Law)
I had marrige on 5th June 2015, in lucknow and mutual divorce filled on 22 August 2016, in Pune. The reason is wife affaire with other and continue after marriage. she not make material relation with me. What can I do, mutual divorce filled by wife, but his parents pressurized her, that doesn't come on final hearing date, and also blaming to me that I had filled with pressure and abuse her and slapped her. if she's not coming on final hearing date so what can I do.
Answers (5)


LawRato

Answer #1
511 votes
Use tactics not law. Since this situation needs to be handled tackfully not legally . Be at your wits and find a smarter way to get out of the tight spot someone you have fallen into without any mistake of yours.
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Advocate Krishnan Balakrishnan Nair

Adv. Krishnan Balakrishnan Nair

LawRato Pune | 100+ Answers
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Answer #2
860 votes
Hi it is mutual divorce so both are not willing to give divorce than you cannot do any thing. Both should be present on the date. Wait for final hearing if she doesn't appears you file divorce case on ground of adultery.
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Advocate Mrutyunjay Mahendra Bhokhare

Adv. Mrutyunjay Mahendra Bhokhare

LawRatoMumbai | 50+ Answers
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Answer #3
804 votes
First of all mutual divorce petition is preferred by both husband and wife. The span for considering the mutual consent divorce is 6 months. If either party is not attending the court then the court can issue summons for apperaing before it. You can also make a statement before the court that now the marriage is not surviving and no point in keeping the petition alive and seek expeditious disposal.
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Advocate Satyajit Rajendra

Adv. Satyajit Rajendra

LawRatoAurangabad, Maharashtra | 25+ Answers
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Answer #4
879 votes
In case of mutual consent divorce both parties should have equal consensus! Without your wife consent you can't go ahead.Again MCD should not be forceful either any party. You can proceed for divorce on the ground of your wife's adulterous relationship.Please contact!
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Advocate Bhalerao Prakash

Adv. Bhalerao Prakash

LawRatoNashik | 100+ Answers
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Answer #5
643 votes
if your wife fails to appear or refuses to attend court at time of second motion court wont grant you divorce by mutual consent . The divorce petition filed by mutual consent would be dismissed and you have option of filing fresh petition for divorce on grounds mentioned in Hindu marriage act .
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Advocate Mirza Faizan Assad

Adv. Mirza Faizan Assad

LawRatoBangalore / Bengaluru | 25+ Answers
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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 Divorce Lawyers at lawrato.com to address the specific facts and details.

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