Husband not appearing on second motion of Mutual Divorce

Question

Husband not appearing on second motion of Mutual Divorce

30-Jul-2023 (In Divorce Law)

I had applied for mutual consent divorce and first motion is completed in Jan 2017 now my husband is not coming on desired second motion date . Please suggest what can be done in this scenario. Husband is out of India . Can I withdraw MCD and go for contested . In case I do that will I have to return amount I received in second motion.

Answers (3)

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LawRato LawRato · Accepted Answer · 2017-08-03T10:08:12+05:30

A close reading of section 13-B of the Hindu Marriage Act, 1955, makes it clear that a divorce by mutual consent can be granted only if both the parties appear voluntarily on the First motion as well as on the Second motion.
If your husband is not appearing before the court, under such circumstances neither you nor the court can force him to appear and make a statement. Even after making efforts, if your husband does not appear, then the option available to you is to withdraw the petition and file a petition under different grounds as enumerated under Section 13(1) of the Hindu Marriage Act.

Advocate Jayatee Chatterjee LawRato · Accepted Answer · 2017-08-03T19:36:49+05:30

Answer #2

Hello, kindly share your details and facts, to desolve this case, you can apply mutual divorce in mediation center, this is same effective and less time consuming too.
You don't need to revert back your money and will suggest you every possibilities.
Jayatee Chatterjee
Solicitor/ Advocate

Adv. Jayatee Chatterjee

Delhi | 5+ Answers

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LawRato LawRato · Accepted Answer · 2017-08-04T19:09:18+05:30

if you filed the second motion in the concerned court after both parties's signatures and he is not appearing in the Hon'ble court on the next date of hearing then you can do receive the long date from the court with the strong reason, more information, pls contact me at my office or my person mobile nos.