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Mutual Divorce 13B Petition Family Issues


12-Mar-2023 (In Divorce Law)
Dear Team, We have filed 13b with a sum given to wife as written in 13b petition. We have 2 children Daughters, who should be living with me as per the petition, all their expenses should be made from my end. Which i am doing as well. I feel that my wife os about to withdraw the petition possible. My Question: if wife withdraw the petition / or does not come to the court for 2nd Motion. What will happen with the petition? Will that be dismissed? If dismissed can i file for a divorce from my end? Also can wife ask for More money just because i have filed for divorce from my end?
Answers (2)


LawRato

Answer #1
945 votes
yes if she doesnt come then the petition will stand dismissed and then you have the liverty to file a contested divorce from your end seeking divorce on a specific ground and if you are taking care of bpth the daughters already then you will have to pay only to your wife a minimal amount monthly or else if she is working then no need
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Advocate Brahmanand Dube

Adv. Brahmanand Dube

LawRato Navi Mumbai | 400+ Answers
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Answer #2
628 votes
if she doesn't appear for the 2nd motion, the petition will stay pending till you bith appear together for settling the terms. in case you are sure that she will not be appearing again, you can file a contesting divorce in accordance with the facts of your case. the one time settlement amount and the petition already filed can be used while conducting the subsequent proceedings.
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Advocate Sudarshan Desai

Adv. Sudarshan Desai

LawRatoPune | 400+ Answers
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