What are the consequences of not pronouncing divorce on second motion
08-Jun-2023 (In Divorce Law)
Both Husband and Wife agreed and filed mutual consent petition under 13(B)1. The cooling period of 6 months will get over in another 2 weeks. Now the Husband is not willing and doesn't want to get divorced and wants to lead a good life with the Wife, while the wife insists on divorce. Please Note: The concerned advocate is hired by the wife and husband has no connection with the advocate. (Question 1) What options does the husband have to make this petition invalid? (Question 2) If the husband doesnt attend the final hearing which is scheduled in 2 weeks, will the petition gets invalid or will the absence be considered contempt of court? (Question 3) is not attending the court on that day, the best and easiest legal way to break this mutual consent divorce petition?
It is only upon the appearance of the parties during the second motion, the court proceeds to pronounce dissolution of marriage. Even, if one of the party fails to appear, the court cannot proceed to pronounce divorce. As the consent is missing by either of the party, the object of the law is not accomplished.
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