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What to do if the wife refuses to divorce the husband in second motion
12-May-2023 (In Divorce Law)
my marriage is on 22-02-2016, after 01 month wife left my home without any reason and filled a case against me after 25 days to left my home. after 2 years of court.. we compromise & filled mutual consent divorce u/s 13(b), 1st motion i s complete & if she refuse to sign on 2nd motion. what will i do.
Hi,
U can't force her for second motion under 13-b if she refuses, case will be dismissed,but inspite of this u can file divorce petition in sec.13hma and u said she deserted you without any cause this fact will help u in ur case of 13 hma
U can't force her for second motion under 13-b if she refuses, case will be dismissed,but inspite of this u can file divorce petition in sec.13hma and u said she deserted you without any cause this fact will help u in ur case of 13 hma
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Adv. Neetu Singh
Ambala | 25+ Answers
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First thing call her through mediator secondly if you have paid the complete settled amount and if it is mentioned in the compromise deed that if any person back out then the court can grant divorce. If this comdition is not there then it is the discretion of the court to grant divorce or not. There are also some judgments of High court where wife denies second motion then also the court can grant divorce
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Adv. Tushar Pahwa
Rohtak | 25+ Answers
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The amount she has received in the first motion will be given back to you. All the previous cases will revive against. What was the main intention behind refusal for second motion is important to litigate the case further.
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Adv. Ganesh Sharma
Faridabad | 100+ Answers
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if refuse to give concent divorce on second motion in the court. you can file a fresh petirion for divorce in the court and prove your case in the court. you have various ground for divorce, you can prove your case with little efforts.
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Adv. Salim Shahzada Khan
Gurgaon | 25+ Answers
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You have already filed for divorce so you are already consulting lawyer . Ao truat him to provide result do not start assuming things on you own and if on 2 motion wife does not appear then only think what to do . And if you do not think your lawyer knows better change lawyer to someone who is aware .
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Adv. Pratik Duhan
Panipat | 100+ Answers
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