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{Balu manikantan} SUBRAMANYAM (Practising Advocate)     28 June 2016

Divorce related

Parties agreed and applied for  mutual consent divorce u/s 13 b. Now the husband is saying that he will withdraw the consent and will not come to court after six months to obtain mutual consent divorce. so can the wife now contest for divorce under other grounds immediately or should wait till  the expiry of divorce petition filed under the mutual consent divorce grounds.

please suggest the needful remedy. suggestions are highly appreciated.

 


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 2 Replies

Khush   28 June 2016

hv to wait for second motion when he withdraws his consent.

then only divorce under section 13 can be filed.

 

Vijay Raj Mahajan (Advocate)     29 June 2016

Wait for the order of the family court dismissing divorce by mutual consent petition for non-appearence of the other party. This it self becomes one of the ground of cruelty to be added to other acts of cruelty for getting unilateral divorce from the husband later on. The order you can get on the next date of appearance which is fixed after 6 months.

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