section 13b divorce is pending because wife did not come
18-Sep-2023 (In Family Law)
Sir, i had married on 2014 but after three year my wife file 498A,323,504,506 ,406 ipc and dowry act 3/4 from police station. after then we received a notice from Lok Adalat (madhyastha kendra) In lok adalat we give 100000 rs and all properties of my wife which was gotten in marriage time. now my case is final . and we have applyed section 13B for mutual divirce in th court but still section 13B is not final. because my wife did not come in second motion.
now if i re-marry then she can file bigamy suit or not.
if she file bigamy case then what will be in future. i am guilty or not. because i have give money all properties of my wife in the arbitration and conciliation court.
i am unable to understand if both parties solve the problem behalf of separation in the arbitration and conciliation court then why need to divorce. if divorce is mandatory and my wife did not come after taking money then what we can do according to law.
please suggest me what will be next step.
dear client as per ur query there are many things that you have not discussed and the proceedings which you have mentioned about the mediation center was it done by High Court order or by family court was separation discussed in your agreement which you both have signed during mediation want to see the agreement copy do you have any issue as 13b is a different proceeding for further details do contact us
if wife is not coming farward for 13B divorce then you are at liberty to file a case of divorce under 13 (1) of hindu marriage act. there you have good chance of success. as far as ur first part of query is concerned. only agreement for divorce was done not divorce granted so as on today still you are legally wife and husband. for more brief u may call me to discuss ur case in details.
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