Mutual consent divorce

Querist : Anonymous (Querist) 10 March 2024 This query is : Resolved
After filing mutual consent, the husband refuses and fail to attend court. What is the remedy?

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kavksatyanarayana (Expert) 10 March 2024
Ex-party decree will be issued.

T. Kalaiselvan, Advocate (Expert) 11 March 2024
If either of the party to the mutual consent divorce case remains absent continuously without any valid reason then the court will dismiss the case.

Advocate Bhartesh goyal (Expert) 11 March 2024
Mutual consent divorce petition will be dismissed by court on daniel or withdrawal of consent of anyone of party.

P. Venu (Expert) 13 March 2024
Yes, the court cannot grant decree for divorce. However, such unilateral withdrawal from divorce by mutual consent without any justifiable ground could amount to mental cruelty entitling the other other spouse to seek a decree of divorce in a fresh proceeding.

T. Kalaiselvan, Advocate (Expert) 14 March 2024
As rightly suggested, the affected party can subsequently file a contested divorce on the grounds of cruelty citing this hostile attitude also as one of the reasons for mental cruelty

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