Divorce - Mutual Consent. wife chooses to be absent.

Now you, if you want you can go for contested divorce on the ground of cruelty as taking steps back after giving consent to the mutual divorce, is considered as cruelty ( KAWALJEET KAUR V/S PARAMPAL SINGH, Punjab & Haryana High Court)

Apart from this, you can also file a civil contempt petition against the lady.

BUT!! BUT !!! I would recommend you to please withdraw the 2nd motion petition with a liberty to a fresh. Understand one thing you have time to convince her, as you can file a 2nd motion within 18 months from the first motion (which means you can file till March 2019). you still have time, you can convince her in this period of time and can file a 2nd motion. 

Thanks,

Regards,

Aman Chawla

Sir, as per my knowledge is concerned no court will grant you Ex-Parte Divorce in mutual consent case. 

So, please let us understand what is mutual consent Divorce?  It means when both the spouses are ready to settle the matter amicably with mutual understanding. This means there should be a Mutual Consent between the parties. Now if there is consent involve then any party can step back from his consent and no court can force someone to do any particular act. 

“Despite Settlement Agreement, Courts Cannot Compel Party To Consent To Mutual Divorce” RAJAT GUPTA V/S RUPALI GUPTA Delhi High Court.

So that’s why I told you to make her convince.

Or go for Contested Divorce on the ground of cruelty and file civil contempt against her for taking her steps back in Mutual Proceeding  

Thanks,

Regards,

Aman Chawla

@Vijay Sir with due respect, 

Sry sir it was my mistake, I gave advice on the query and have not read the comments section fully.

And I still, advise him if the petition got dismissed he can still try to convince her and can file a second motion within 18 months from the date of the first motion.

 Or he can go for contested divorce on the ground of cruelty.

But filing an appeal will not serve the purpose as the courts cannot compel someone to do any particular act. 

Thanks,

Regards,

Aman Chawla

Petition for second motion in MCD is done only in cases filled in Delhi. Outside Delhi only single petition for MCD filled and same is taken up at the time of second motion. In this case it's very clear that single petition for MCD filled and that got decided as dismissed. No fresh petition for second motion can be filled now within 18 months period after dismissal of main divorce case and so advising to file a fresh petition for second motion in MCD after the main petition already dismissed is absolutely absurd. I already advised this person for filling for independent divorce case on the ground of cruelty nothing new in that.