Legal Question in Family Law in India

Sir

Me and my wife, after physical separation of 14 months, agreed for mutual consent divorce u/s 13B,and first motion has been passed in the hon'ble court. We are given time of 6 months, after which second motion will be passed and then decree for divorce will be given by the hon'ble court. We have no child and marriage was of very short duration(40 days),I have returned all the belongings of my wife to her and Rs 3lakhs as compensation on first motion.

If my wife does not appear for second motion, then court automatically gives date either of 6 months or of 12 months (if I�m not wrong).

I want to ask you, if court gives next date of 6 months and again my wife does not appear on that date then could I get divorce, on that date or again the court will give date of 6 months to complete 18 months and then give divorce.

Or should I withdraw mutual divorce petition (if my wife does not appear for second motion) and fight a contested divorce case.....which will be the shortcut to divorce for me.

Please help me.

Regards


Asked on 10/20/13, 9:04 am

1 Answer from Attorneys
Santosh Goswami,Advocate sure shot legal

After 1.5 years, the petition will automatically lapse. So, if you have any apprehension of her not appearing, you should withdraw the petition. But before doing so, you should move an application praying the court to issue a notice to the wife to appear. For detail u may contct me.

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Answered on 10/20/13, 9:47 pm


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