Mutual Divorce

Jatin Sapra 9312223345,Delhi (Querist) 29 July 2008 This query is : Resolved
I had filed a mutual divorce.First motion has been granted by the court.If after the filing of second motion one party refuse to appear wat are the possiblities arises out ant to wat extent the court can go.

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anantha krishna n.v. Advocate (Expert) 29 July 2008
if both parties appear on second motion and still hold the view of mutual divorce, then it would be granted.
otherwise, the petition would be dismissed. one need to file a regular divorce and the other party may contest the same.

anantha krishna n.v. (Advocate AP High Court, Hyderabad, 9246531895)

Srinivas.B.S.S.T (Expert) 29 July 2008
Mutual divorce under Section 13 B itself means that both the parties are consented to take divorce if one of the parties refused at the 2nd motion then the other party can obtain the certified copies and file of divorce under Section 13.

kumar sachin (Expert) 30 July 2008
then no other option but to filr divorce petition separately.

SANJAY DIXIT (Expert) 30 July 2008
It clears from your querry that both the parties have filed the second motion & after that one party fefuses to appear. In this circumstances the decree will be passed.
If one part refuses to appear in the second motion, then the case will be dismissed.

Jatin Sapra 9312223345,Delhi (Querist) 11 August 2008
Thanks a lot for the for ur kindness.
Thanks alot.

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