What to do if second party is not willing to come early for second mot
30-Oct-2023 (In Divorce Law)
After 5 months of marriage and fighting divorce case for 4 years, after mediation in high court my husband finally agreed for it. I took back all the case including divorce under sec 13 and filled again under sec 13b. He and his counsel said that since waiver of 6 months is granted so they file a joint application for the it. But as I took back the cases against him, he and his counsel are no longer interested in this case. When I went to high court he was asked to come to the court. Court ordered to give a copy of application for early disposal of the case to him and also suggested the family court to proceed as the guideline of supreme court. But now even after fulfilling all the requirements of early disposal family court judge is just giving one date after another. Opposite party on the other hand choose to not to come on some dates. I know that he will not come even after 6 months or 18 months for that matter. How to proceed further
in this matter you have complied with all the orders of the court and you have taken all the cases back against the person which you have got registered against him .now as he is trying to be over smart and not coming to court and trying to linger on the matter more and more even after the order of the court on this matter you can take the best proceedings against himself.witu the help of high court tht will be beat against him .
Hi,
It appears that you are being unnecessarily dragged through litigation and there is obviously non-appearance of your husband.
Your lawyer should be moving an application seeking ex-parte decree for divorce. If your husband has not appeared before court on so many number of dates. The Judge should have sent summons for his appearance. If there is continued non-appearance then file the application mentioned above and save time.
Do let me know if you have clarifications.
It appears that you are being unnecessarily dragged through litigation and there is obviously non-appearance of your husband.
Your lawyer should be moving an application seeking ex-parte decree for divorce. If your husband has not appeared before court on so many number of dates. The Judge should have sent summons for his appearance. If there is continued non-appearance then file the application mentioned above and save time.
Do let me know if you have clarifications.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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