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Mutual consent divorce proceedings


05-Jan-2023 (In Divorce Law)
I am a Hindu. Me and my spouse filed for Mutual Consent divorce in the month of December. But after filing petition now he is not attending the hearings. And threatens he will never attend in future too. What remedy is available to me now?
Answers (4)

Answer #1
742 votes
Dear Madam, It seems you have unnecessarily filed mutual divorce..Please withdraw the same and file divorce application directly and if necessary file Maintenance application under Section 125 of Cr.P.C...You must bring forcible circumstances for your husband to agree for mutual divorce otherwise your contested divorce will be decreed ex-parte...
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Advocate Kishan Dutt Kalaskar

Adv. Kishan Dutt Kalaskar

LawRato Bangalore / Bengaluru | 1000+ Answers
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Answer #2
501 votes
you can withdraw mutual divorce petition seeking liberty to file fresh petition and file divoce on different grounds under law so that you can counter husband , if judge opposes to withdraw application in absence of both parties urge to record your withdraw application.
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Advocate Hanumesh H N

Adv. Hanumesh H N

LawRatoBangalore / Bengaluru | 700+ Answers
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Answer #3
757 votes
Better to withdraw the application and apply fresh petition for contested divorce you need to highlight grounds here for telling you on what ground you can file petition before concerned Court and get a decree
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Advocate Swarnarka Chowdhury

Adv. Swarnarka Chowdhury

LawRatoMysore | 400+ Answers
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Answer #4
601 votes
Madam, both parties must present before the court for mutual consent divorce. If he is not ready to present before the court, then you will have nothing to do with this mutual consent divorce. You have to file divorce petition against your husband. He will come before the Court. You are required consultation. kindly contact for the legal assistance.
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Advocate Bhojappa Kallihala

Adv. Bhojappa Kallihala

LawRatoBangalore / Bengaluru | 400+ Answers
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