Second motion of mutual consent divorce
Vaibhav
(Querist) 29 March 2010
This query is : Resolved
Hi,
If one of the parties is not appearing for the second motion of mutual consent divorce, can I put an application for summon of the other party in the court? Is there a citation or judgement regarding this?
thanks in advance
Devajyoti Barman
(Expert) 29 March 2010
No, mutual divorce can happen only consensually.
Raj Kumar Makkad
(Expert) 29 March 2010
There is no citation in favour of your case.
In the given matter, your joint petition can be converted by you under section 13 (1) (1a) of HMA.
Parveen Kr. Aggarwal
(Expert) 30 March 2010
In such a petition divorce can be granted only if both the parties appear voluntarily on the first as well as the second motion. Any of the parties or court cannot compel the other party to appear and make statement. However, the second motion can be adjourned till 18 months (maximum). You may ask the court to adjourn the matter further and make efforts out of court to convince your spouse to come to the court and make statement.
