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Family court attendance until confirmation by petitioner


19-Jan-2023 (In Divorce Law)
Dear Sir, my wife filed adivorce case court mediartion also failed. As per our request Mediator sent his report to court for Mutual Divorce.My wife is the petessionor . Medator in the report clearly wriiten that she has to withdraw the first petion it should convert into Mutual Divorce on or before 12th Feb. Till now I didn't hear anything from my wife regarding Mutual Divorce.My qustion is my case is coming to bench on 12th Feb.So I need to attend the court? or else I can wait without going to court untill she conforms the pettion is converted? Please adcive me
Answers (4)

Answer #1
841 votes
Hi according to your query you have to attend the court on 12th february and see the decision given by the court and after you can go for further step because the due date is on 12th feb it is near only. so please wait till the date. for further clarifications you can contact us at any time.
Answer #2
523 votes
As per your details first you will attend court case next date on 12th Feb , petitioner i.e., your wife file memo or petition as per your mediation report and you or your advocate will represent the court about the same.
Answer #3
716 votes
Hi,
As you said that matter was mediated and then both are agreed for mutual divorce so she has to file a petition to amend the provision of law and then court will accept the petition and then amendments to be carried out. So their is a procedure for that and attending the case on the given date is another thing which you have to do.
Answer #4
810 votes
Hi
It is apparent that both the parties have attended the mediation and that the mediator has noted down the fact that both of you have
a) both of you have agreed that the marriage has broken down and
b) both of you are consenting for mutual consent divorce.
So, you need to be present in the court on 12 Feb 2018 and ensure that your attendance is marked . If your wife comes to the court, she can they withdraw the present petition (which happens on the same day) and both of you can file a mutual consent u/s13B of Hindu Marriage Act on the same day itself.
Please make sure you are attending the court on 12 Feb as your absence would also mean that you are not interested in Mutual consent divorce.
Hope this information is useful

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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