Wife refusing to sign for 2nd motion in mutual divorce. What can i do?


What should I do if my wife is now refusing to sign the papers for the second motion of our Divorce case? We had applied for a mutual divorce. The first motion happened last year. Now, after 6 months when we were nearing the date of hearing for the second motion, her advocate stated that she will not appear for the hearing.

 

I don’t know the reason behind this decision but she is now not ready to sign on the papers. What should I do in this case?

 

Answer

 

In a Divorce by mutual consent, both the parties have the freedom to withdraw their consent as the consent cannot be taken by coercion.

 

However, if you and your wife had entered into a settlement agreement while filing the divorce by mutual consent whereby the amount of maintenance was mentioned and other terms and conditions of separation were enumerated, then you can initiate a contempt of court proceedings against the wife. (This has been recently allowed by the Delhi High Court). 

 

If acting on the settlement you have made any payment, you can file a complaint for cheating on your wife.

 

Alternately, the remedy available to you is to file a Divorce petition under any of the grounds mentioned under Section 13 of the Hindu Marriage Act, 1955. This would be a contested petition and may take a much longer period for you to get Divorced as compared to your current petition under Mutual grounds wherein the time taken is 6 months under normal circumstances.

 

Kindly contact us for any further details and action.

 


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