What happens if spouse does not show up for divorce hearing of mutual divorce ?

Question

What happens if spouse does not show up for divorce hearing of mutual divorce ?

17-Jul-2024 (In Divorce Law)

Divorce - Petitioner(husband) not showing up on hearing(2nd hearing) date after placing a mutual divorce petition. what happens when in mutual divorce in second motion one person is not coming for sign ? Please advice what could be done to get it resolved?

Answers (6)

Answer #1

Adv. Chikirsha Mohanty

Delhi | 200+ Answers

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LawRato LawRato · Accepted Answer · 2024-07-17T18:34:53+05:30

In India, if a spouse fails to appear for a divorce hearing after being properly served, the court can proceed with the case ex parte, meaning the hearing and decision occur in their absence. The court may grant a divorce decree based on the evidence and submissions presented by the attending spouse, including matters like property division, child custody, and support. However, the absent spouse is not without recourse they can later challenge the ex parte decree by providing a valid reason for their absence and seeking to have the order set aside or appealed.

Advocate Bibhuti Pattnayak LawRato · Accepted Answer · 2024-07-17T18:34:53+05:30

Answer #2

Dear Client First you do not write in which court and which I district your case is pending anyway don’t worry you may filled a application for early hearing in this matter and contact a good lawyer

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Adv. Bibhuti Pattnayak Adv. Bibhuti Pattnayak

Bhubaneswar | 50+ Answers

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Advocate Durga Prasad Jena LawRato · Accepted Answer · 2024-07-17T18:34:53+05:30

Answer #3

If your husband is not cooperating with you to finalised the mutual divorce petition then you are advice yo file separate petition for divorce as because without consent of both mutual divorce is not possible

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Adv. Durga Prasad Jena Adv. Durga Prasad Jena

Cuttack | 200+ Answers

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Advocate Rajdeep Pradhan LawRato · Accepted Answer · 2024-07-17T18:34:53+05:30

Answer #4

Both the parties has to appear on all dates otherwise the mutual petition will be dismissed by the Court. When such situation arises where one of the parties remain absent, it will to be deemed as divorce by contest and hence, the mutual petition shall be dismissed.

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Adv. Rajdeep Pradhan Adv. Rajdeep Pradhan

Cuttack | 100+ Answers

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Advocate Ved Prakash Shaw LawRato · Accepted Answer · 2024-07-17T18:34:53+05:30

Answer #5

R u interested for divorce?If yes, don't object divorce petition.File petition before family court for quick disposal of divorce case. ....?.....

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Adv. Ved Prakash Shaw Adv. Ved Prakash Shaw

Bhubaneswar | 100+ Answers

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Advocate Bisweswari Mohanty LawRato · Accepted Answer · 2024-07-17T18:34:53+05:30

Answer #6

Dear Sir/Madam, You did not clearly mentioned your problem.So its not possible to give better suggestion in this regard.AS per question if the husband did not appeared in second hearing before the court then its difficult to get decree of divorce.In mutual divorce petition both the husband and wife are co-petitioner.Both are filed the mutual divorce as per their mutual consent with terms and condition ,IF the husband did not appeared in hearing then court will be presumed that the petition filed before the court without free consent.SO the judge may be dismissed the petition.So try to convince the petitioner to appear before the court till final order of the case.

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Adv. Bisweswari Mohanty Adv. Bisweswari Mohanty

Bhubaneswar | 50+ Answers

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