Divorce under 13 b

Querist : Anonymous (Querist) 06 December 2011 This query is : Resolved
I and my wife have filed application for mutual divorce in the court 8 months back. We are living separately for tewlve months. On second date she did not appear in the court. What if she does not appear again in the court.

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kishor kr. majumder (Expert) 06 December 2011
case will be heard exparte and you will get order in your favour

M.Sheik Mohammed Ali (Expert) 06 December 2011
no, the court will give more chances to hear her side, so you wait.

V R SHROFF (Expert) 06 December 2011

The case will be rejected, after 18 months.
Unless both the parties file their affidavit, in consent of Divorce, Court does not allow Divorce Petition.

Kishor, Usually Courts do not encourage 13b, ex-parte, only in rare and exceptional case that divorce be allowed ex-parte.
2nd motion is mandatory.

Devajyoti Barman (Expert) 06 December 2011
Yes the court would reject the divorce petition after giving opportunity to the parties for 18 months from the date of filing of the suit,

Shonee Kapoor (Expert) 06 December 2011
Court would reject petition after expiry of 18 months.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Advocate M.Bhadra (Expert) 06 December 2011
There is no question of ex-parte hearing,the Suit will be dismissed if the both parties would not appear.

Shailesh Kumar Shah (Expert) 06 December 2011
Suit will be dismissed.

Rajeev Kumar (Expert) 06 December 2011
Suit will be dismissed after the expiry of 18 months

Raj Kumar Makkad (Expert) 08 December 2011
Rajeev! There is no such limitation as you replied, however, the fate of such petition is dismissal if both parties jointly are not coming for their second motion.

In the given circumstances, you may get the earlier petition dismissed and then can file a separate petition for divorce on the bases of cruelty.

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