Divorce
Samvedna Verma
(Querist) 11 September 2016
This query is : Resolved
A couple filed for a mutual divorce but after the first motion husband is absconding... whats the remedy in this case
Devajyoti Barman
(Expert) 11 September 2016
Nothing . Unless and until the husband appears and gives his consent on the second motion the mutual divorce suit will fail.
Guest
(Expert) 11 September 2016
Ms. Samvedna Verma,
Aapki iss academic query ke liye, hum toh samvedna hi vyakt kar sakte hain uss lady ke prati, jiska husband abscond kar gaya, uske husband ko toh produce nahin kar sakte.
Only her lawyer's effective pursuit of the case may help her to get the husband produced before the magistrate. Can you intimate, what he has done so far in that respect?
However, can you also please intimate, how you are concerned with the case of that couple?
Advocate M.Bhadra
(Expert) 11 September 2016
If husband would not appear on next date then suit may be dismissed.However wife can file a fresh suit on contest and then her husband still not appear the suit would be fixed ex-parte.
Ms.Usha Kapoor
(Expert) 12 September 2016
Unless both parties in unison agree for mutual consent Divorce you alone can't file Mutual consent Divorce. Both the partners to the marriage should together launch Divorce by Mutual consent proceedings under Section 13 B of Hindu Marriage Act.
Raj Kumar Makkad
(Expert) 14 September 2016
None can be forced to come to the court for the performance of his part in such cases. If even after waiting for considerable period, husband do not appear, it shall be better to withdraw the petition and file afresh on the basis of cruelty and desertion, if any.
Rajendra K Goyal
(Expert) 21 September 2016
Well advised, agree with the expert raj kumar makkad.
