Procedure in case wife forbids divorce before the final hearing

743 votes

Then it will be a contested divorce. You will have to prove your case before the court and get a divorce decree. It will take time, it is best if you get your wife to support your case for divorce. If she disagrees in January, You wil have to fight and prove the case as per the Hindu Marriage Act.

Advocate Siddhant Rai Sethi LawRato

887 votes

I need further queries from your side that :-
1. whether divorce was filed by mutual consent.
2. Any settlement deed was prepared and filed at the time of first motion.
3. whether all the clauses of settlement deed/MOU has been complied on your part, date of passing of order of judicial separation i.e order dated first motion.
4. alimony/stree dhan, if any, is delivered to the wife.

The second motion can be filed by either spouse within a time of 18 months (least) or after six months period earliest, although latest judgement of supreme court can be relaxed by the court if applied for.
If any of the spouse does not compliance with the terms of settlement deed the other party can initiated a criminal proceeding under section 340 crpc for filing wrong/ false content on affidavit with the court for which a separate application is to be flied.

Kindly for further queries /consultation you may send copy of settlement deed/MOU/copy of petition under first motion and orders on first motion.

Advocate Swarndeep Singh Arora LawRato

856 votes

There are two stages of divorce proceedings. You have completed your first motion. For the second motion i. e. to be inotiated after six months, you have to file again the petition for divorce along with the order of first motion. If during second motion any spouse backtracks from the proceedings of divorce, you cannot force the spouse to divorce or neither any law permits. So in that case you are left with seven grounds of divorce under section 13 of HMA, which is different from Mutual Divorce.

Advocate Sanjucta Kabasi LawRato

558 votes

Hi, in case your wife does not appear before the court for second motion of divorce, then you can not continue with the same petition under mutual consent. You will have to file a separate petition giving reference of first motion under grounds of cruelty. You can contact us for any legal support.

Advocate Brijinder Khurana LawRato