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Husband didn't appear for hearing in mutual divorce what to do.


13-Dec-2023 (In Divorce Law)
I AND MY HUSBAND FILED MUTUAL CONSENT DIVORCE PETITION VIDE HMA 1955 SECTION 13 B. AFTER SIX MONTHS COILING PERIOD HUSBAND DID NOT APPEARED IN COURT. NEITHER HE WITHDRAW HIS CONSENT. COURT GAVE ME SECOND DATE. WHAT IS REMEDY TO GET DIVORCE EXPARTY. WE ARE HINDU.
Answers (4)

Answer #1
941 votes
Dear client if husband not trun out for final date in mutual divorce in court then mutual divorce case will be dismiss by court. And u have to file fresh contested divorce on any of grounds like cruelty desertion as per Hindu marriage act. For any legal help call me

Adv prasad patil

Pune

LawRato


Answer #2
694 votes
You will have to convert mutuak consent petition into nirmal divorce petition and then and only then the court can take up the petiion against the husband and then only the court can pass exparte order of divorce in your favour
Answer #3
789 votes
the petition which you have filed u\s 13B will last for 18 months. after 18 months if both the parties are not appeared on the scheduled date then the petition shall be seized to exist. in that case you need to file contested petition
Answer #4
534 votes
Dear Client under section 13-B IT is mandaTory to attend both spouses and give Their final consent for divorce if husband after filing mutual divorce husband is not attending court and giving his final consent then wife can give application statingv the said facts to court also she can attempt to get divorcee in same petition based upon any of part condition ogv mutual divorce is fulfill also wife can file contested divorce with averments that mutual divorce was agreed between husband and wife.

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