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My spouse is not attending the second motion
02-Sep-2024 (In Divorce Law)
Hello Team,
I completed the first motion of the divorce about five months ago, but now my spouse is not attending the second motion. She took all her belongings during the first motion. Could you advise on how to resolve this situation? Can she request additional money or file a complaint with the CWC or the court again?
Yes She does have the option to file the Complant again or reinstate the same case. However, you have the remedy for that problem, you can approach the Court first and state that the Wife has declined the completion of the Mutual divorce and the Court may grant you relief based on that.
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Adv. Sufiyan Firoz
Delhi | 50+ Answers
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Hi dear!
Well, the answer to that is very simple and the law is well settled that after recording of 1st motion, if she's not turning up for 2nd motion, you may file a contempt of court case against her as per the recent delhi high court judgement of Rajat v. Rupali. You may consult me to get an in-depth knowledge about it.
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Adv. Puneet Srivastava
Delhi | 700+ Answers
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If the other party is not attending the court proceedings even after receiving the summons then the mutual divorce will be converted to a contested divorce. And you can always file a petition before the civil court for breach of contract and return the amount you had already given. For more legal assistance I am just a call away.
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Adv. Jitender Singh
Delhi | 1000+ Answers
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If she filed at this stage all these cases will not be strong against you . You file contempt of court or file contested divorce case you will get relief no worries for further details please free to call me
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Adv. Anupama Sharma
Delhi | 200+ Answers
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