Legal Question in Family Law in India

Sir,

My Marriage was of very short duration of about 40 days that me and my wife lived together, after which she left me, and started living with her parents, we have no child out of this marriage. Then after 14 months of physical separation, me and my wife filed a mutual consent divorce case u/s 13B on (20th April,2013), in Family Court,Lucknow.we were given a 6 month date that is (21st October,2013),by the Court for second motion. I returned all her belongings and also given her Rs 3 lakhs Demand Draft on first motion.(As per off the court negotiations that I will return her all her belongings and Rs 3 lakhs compensation on first motion and Rs 2 Lakhs compensation on Second motion).

But now it seems that my wife will not appear in court for second motion, because she wants to torture me by ditching me at the last moment, my in-laws are also notorious and very bad.

What should I do now? Will I not be awarded divorce by the court. How to get divorce from her, Please Help.

Regard


Asked on 10/04/13, 10:58 am

2 Answers from Attorneys
Santosh Goswami,Advocate sure shot legal

You should have executed a MoU or a compromise deed before filing the case to remain on safer side. But now, the option is to move an application before the court stating that your wife is deliberately avoiding second motion just to harass you and to extract more money. Although, court can't pass a decree of divorce without her presence, I want the court to make some order which may be advantageous for you.Wait for one more time and if she does not appear, better withdraw the petition and file a contested divorce.

09555462995

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Answered on 10/04/13, 9:57 pm
Yash Kumar Yash Kumar & Co.

Dear sir,

If she has filed an affidavit before the court stating therein that she would come again in the court for the second motion then you can file a contempt petition against her and compel her to come to the court for the second motion.

For further assistance you can contact me on 08750228171.

Thanks

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Answered on 10/06/13, 3:59 am


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