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Wife not ready to appear for second motion under Mutual Divorce. Help?


12-Jan-2023 (In Family Law)
Sir, My case section 13B is in process at Chandauli family court (U.P.) according to court's guidance have given all the agreed amount and whatever she asked on first motion in front of court and court also has mentioned the same in his order that "Both husband and wife don't want to continue this marriage and husband has given the sum and whatever is agreed things as full and final settlement. And decree should be made accordingly". But now my wife is not appearing in the court now in April it will be 18 months period of MCD. Judge is saying that its MCD so i have to convince her to come to court for second motion. Can you please guide ....
Answers (4)


LawRato

Answer #1
904 votes
He is right as this petition is for mutual divorce but if your wife doesn't come to court on next date u must not press this petition and file a fresh petition for divorce by annexing this petition and evidence fr what u hv paid her then notices be issued to her n if she doesn't appear u can get order as exparte
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Answer #2
926 votes
That's the mistake you have committed because you might not be guided by your advocate properly because in mcd case both of you have to appear twice then only divorce will Complete with in eighteen months period. So she didn't appear this will fail. Now you have to file suit for recovery and divorce under 13 a for divorce. U may call me for more brief
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Advocate Avdesh Chaudhary

Adv. Avdesh Chaudhary

LawRato Noida | 25+ Answers
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Answer #3
505 votes
If you wife doesn't want to go for mutual divorce after first motion and she is given all the said amount but she didn't came for second motion you can file suit contempt of court against her and as well as divorce case under saction 13 1 a .
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Advocate Lubna Ishrat

Adv. Lubna Ishrat

LawRatoNoida | 25+ Answers
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Answer #4
914 votes
If the wife does not appear before court the court cannot consider the mutual divorce .as per law either of the parties can withdraw from the mutual divorce petition any time before the second motion and the court is not entitled to pass orders on the mutual divorce petition if either parties with draw.so you will have to file fresh petition alleging any of the grounds available for divorce .
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Advocate Jayaraj K P

Adv. Jayaraj K P

LawRatoTrivandrum / Thiruvananthapuram | 25+ Answers
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