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Husband is absconding after first motion of Mutual Divorce, what to do
16-Dec-2023 (In Divorce Law)
The guy is from Bangalore. The girl is from Chennai, and post-wedding they lived in Bangalore. Due to mental harassment and additional issues, we (girl side) got our girl back to home, and later applied for mutual divorce. The guy side came down for the filing the same at Madras High court. And on completion of six months, when the decree is to be signed, no trace of the guy & his family is found in Bangalore, and they do not turn up for the hearings. Almost 5 hearings are over, and they never turn up. Neither is their lawyer having any idea of his client (per his word). We need the girl separated from the guy, immediately. Can somebody help with the procedure? And is it possible to have them separated without the guy's presence, at the earliest? Time-frame? Need advice and guidance.
Unless the guy appears before the Family Court, the girl cannot get a divorce by mutual consent. That is the settled law for divorce by mutual consent. There is no other alternative. It is obvious that the guy is deliberately avoiding to appear before the Court. There are certain other ways to obtain the divorce at the earliest without the appearance of the guy. If you are in Chennai and need any further assistance then you can contact me.
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Adv. Suchit Palande
Chennai | 200+ Answers
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Husband not coming for second motion
Wife not ready for mutual consent divorce
What happens when in mutual divorce in second motion one person is not coming for sign
Now personal presence not must for divorce by mutual consent
wife not coming for second motion
What happens after second motion
Your query is not clear about the stage in which the proceedings are going on now. Both parties has to appear to get divorce by mutual consent. As your husband disappeared, it may be difficult to get divorce by mutual consent.
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Adv. Rajaganapathy
Chennai | 100+ Answers
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You can file a petition in the concern court stating the reasons the court will issue summon to husband. If he is not turned out. you will file steps for alternative method of serving summon like paper publication. On that day you will get divorce.
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Adv. L. Ramesh
Dharmapuri | 25+ Answers
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HELLO,
DUE TO CRUELTY BOTH SPOUSE HAVE DECIDED UNDER MUTUAL DIVORCE, WHEREAS IT IS LEARNED YOUR LIFE PARTNER IS A CHEAT. SINCE YOU HAVE FILED MUTUAL PETITION THE FAMILY COURT CANNOT DECIDE UNLESS THE SPOUSE (YOUR HUSBAND) APPEARS BEFORE THE COURT. THE ALTERNATIVE COURSE AVAILABLE FOR YOU IS TO FILE A SEPARATE PETITION FOR DIVORCE, WHERE WITHOUT THE APPEARANCE OF YOUR HUSBAND THE COURT AN DECIDE ABOUT DIVORCE FOLLOWING PROCEDURES IN FORCE.
FOR PROPER ADVISE AND MORE INFORMATIONS YOU CAN CALL ME OR FIX AN APPOINTMENT WITH ME THROUGH LawRato.
DUE TO CRUELTY BOTH SPOUSE HAVE DECIDED UNDER MUTUAL DIVORCE, WHEREAS IT IS LEARNED YOUR LIFE PARTNER IS A CHEAT. SINCE YOU HAVE FILED MUTUAL PETITION THE FAMILY COURT CANNOT DECIDE UNLESS THE SPOUSE (YOUR HUSBAND) APPEARS BEFORE THE COURT. THE ALTERNATIVE COURSE AVAILABLE FOR YOU IS TO FILE A SEPARATE PETITION FOR DIVORCE, WHERE WITHOUT THE APPEARANCE OF YOUR HUSBAND THE COURT AN DECIDE ABOUT DIVORCE FOLLOWING PROCEDURES IN FORCE.
FOR PROPER ADVISE AND MORE INFORMATIONS YOU CAN CALL ME OR FIX AN APPOINTMENT WITH ME THROUGH LawRato.
Helpful?
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Adv. R. Sundaramurthi
Chennai | 100+ Answers
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