What to do if wife refuses to give statement in 1st motion of divorce?
What should I do if my wife refuses to give her statement during the first motion of our mutual Divorce? We had applied for a mutual Divorce petition 2 months ago wherein the judge asked us to give our statement but my wife has been delaying / refusing the same and I feel my father in law is trying to now increase the settlement amount that has been agreed upon and hence delaying the things to harass me and get more in the settlement.
Should I withdraw the application and file for a petition on other grounds now? What should be done in such a situation?
Answer
Firstly, you cannot force your wife to give her statement in a petition for mutual divorce. She has the freedom to withdraw her petition or delay in giving the statement. Therefore the fact that she is delaying in giving her statement, you cannot do anything about it.
It is suggested that you should withdraw the petition and file a petition under different grounds as enumerated under section 13(1) of the Hindu marriage act.
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