Advice if wife refuses for divorce after 6 months filing for divorce.
30-Oct-2023 (In Family Law)
Hi sir Me and my wife filled a 13b divorce petition. 6 months are going to complete. If my wife on the day of hearing tells that she does not want divorce then what will happened. Currently i have paid her 2 lakh and 2.5 lakh i will pay her on the day of hearing as per agreement. I do not trust her and her family member and scared of her law as well.
Do not worry the court will again give you a next date so that you both can form a consensus and if on the other date as well your wife will deny divorcing you mutually only then the court will dismiss that 13B application and afterwards you have to again file a fresh suit for divorce under section 13(1) which is filing divorce on a sided basis. Rest you can discuss with me by contacting me through law Rato and you will also get the contact details of mine through law Rato.
In case one of the party denie for giving divorce in sec 13 b then there is only option to file one sided divorce under sec 13 I a stating the current situation if court will consider the matter as per the petition then can award the divorce dicree but it's time talking process it may take 2-3 years.
यदि समझौते के हिसाब से आपने अपनी पत्नी को पैसा दे दिया है तो घबराने की आवश्यकता नहीं है। आप मा0 न्यायालय के समक्ष उक्त समझौते की प्रमाणित कॉपी और पत्नी को दिए गये चेक या ड्राफ्ट की छाया प्रति को दाखिल कीजिये ।यदि आप दोनो के बीच इस बात का लिखित व हस्ताक्षरित समझौता हुआ और उसी के अनुसार आपने पैसा अपनी पत्नी को देकर 13b दाखिल किया है तो बाद में पत्नी के मुकरने के बावजूद तलाक ग्रांट होगा ।
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