Can high court force the respondent in matrimonial appeal to agree for 13b?

Yaaros (Querist) 16 August 2016 This query is : Resolved
Can high court force either respondent or both for mutual divorce (13B) in pending appeal on judgement from family court? If I don't agree for 13B even on advise from HC, and blindly ask for trail based on merit, will it adversely affect my side during trial?

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Dr J C Vashista (Expert) 17 August 2016
As the word "mutual consent" connotes it cannot be thrust upon you without your willingness.
However, when she is reluctant, can you compel her to join your society and perform her matrimonial obligation (including to have physical relation)?
Buy peace and accept/move for mutual consent divorce willingly.

Sudhir Kumar, Advocate (Expert) 17 August 2016
Not able to convey what actually you want.

You want a divorce you are opposing the application.

You have got opportunity for mutual divorce you are avoiding it.

Devajyoti Barman (Expert) 17 August 2016
I wonder how could one proposed for mutual divorce when the marriage is now defunct on the wake of decree of divorce.
Her lawyer is asking for something which is impossible and never heard of before.
Ignore such wild proposal.
The court can never come up with such proposal.
So rest assured.

Rajendra K Goyal (Expert) 17 August 2016
Agree with Expert Devajyoti Barman.

Guest (Expert) 17 August 2016
TOTALLY VAGUE QUERY! The querist has no such problem right now.

When nothing such like forcing by HC has happened so far, where is the relevance of asking your question?

Contest the appeal and only then come forward with your question, if and when the HC forces you to agree for mutual divorce.

Sudhir Kumar, Advocate (Expert) 17 August 2016
is it the saem case which is discussed at

http://www.lawyersclubindia.com/experts/HMA-13b-without-the-parties-physical-presence-as-settlment-in-HC-appeal-600141.asp

Shonee Kapoor (Expert) 19 August 2016
Unable to understand.

Regards,

Shonee Kapoor
www.shoneekapoor.com

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