Legal Question in Family Law in India

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)

My question is if my wife does not appear for the second motion then:

1. Will I not get divorce?

2.How much time the court will take to give divorce decree in such type of cases then?

3.what should I do then?


Asked on 9/18/13, 9:47 am

1 Answer from Attorneys
Santosh Goswami,Advocate sure shot legal

1. No

2. No divorce is possible if either party does not appear.

3. You have to withdraw it and to file a contested divorce. If she does not appear for 1.5 years the petition will lapse. If if you doubt her intention, better to withdraw after 6 months.

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Answered on 10/18/13, 5:52 am


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