Legal Question in Family Law in India
dear sir,
me and my wife has submitted for divorse at dist court at delhi 8 months back on a mutual agreement which involves settlement money. now i have paid 2 installmants. for the last and final settlement and hearing date she failed to attain the court twice delaborately. she is staying at delhi and i am residing abroad.
in this case can i request the court to dismiss the case and issue divorse. i am residing out of india and can't go india in a short notice.please help.
5 Answers from Attorneys
If the case is dismissed, then how would you pray/get divorce?
Your question is confusing ? You and your wife has filed a Mutual consent divorce and 1st motion has been over ? is this what you are saying ? If yes then court is suppose to wait for 18 months before it automatically get dismissed . Or else redraft your question to get legal opinion.
as your wife has already received two installments of settled amount, she cannot retract now. you have an option to file contempt of court and you may file a writ petition and seek appropriate orders/direction for the grant of divorce.
My friend as your wife and you had filed for a mutual divorce, and now your wife is absconding you should request the court to proceed further with the case as now she has got no other alternative left.
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DEVANSH BHARDWAJ
ADVOCATE
LUCKNOW
no you can't ask the court to dismiss the matter otherwise you will be required to file petition for contesting divorce.
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