kiran (employee) 02 July 2013

Mutual consent divorce - wife not comming to court

My name is kiran, I am from hyderabad. I need one help in understanding 1 thing relating to mutual divorce petition.

Me and My wife are going for mutual divorce, both of them signed the Mutual divorce petition document and on affidavits with supporting document PROOF OF MARRIAGE, IDENTITY PROOF OF BOTH PARTIES, ADDRESS PROOF OF BOTH PARTIES

But the problem is my wife is denying to come to court of law in person for filing the petition and not giving the reason why she is not interested to come to court, above which she wants divorce and not interested continue to marital relation. Our advocate and mediators are talking but results in nill.

Request you please help me in knowing whether I can alone file petition in court alone and court of law will issue summons and ask her to present in court.

Please suggest how to go with it. Really we are in pain situation since very long time

Kindly help us in giving suggession

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4 Replies

A G (cc) 02 July 2013

This is a common tactic to increase the "compromise" amount that you have agrred to . Have you paid a % of it already ? If the first motion has been agreed upon in front of the judge then there are many judgements that you can use to get the second motion passed . If first motion is not passed then nothing much can be done .

The cardinal rule in Indian court is the more you run behind divorce the more difficult it is to get because the opposite party knows that you are deparate and they increase their gains from you by using your desperation .

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 03 July 2013

Dear Querist

MCD petition can be filed by both the parties.

(Guest)

@ kiran.

sound very odd if there is no reason. fact is nothing is happened w/o any reason.
must hv some reason behind this.
here u won't find the reason of other behaviour, only concerned person tells. so if u are seriously interested to know the reason, then better u contact that person only.
here one can find the solution of ur problem legally.

by the way in hyderabad where u stay. my brother is also staying there.