Legal Question in Family Law in India
Section 13B
I had submitted an application for Divorce by mutual consent under Section 13B at District Judge's court, Chandigarh about seven months ago along with my wife.This was after five years of separation. The first statement was recorded by both of us then. The full amount of alimony along with dowry articles were handed over by me just before the filing of application. Now my wife has not turned up for recording of final statement in the last two hearings on medical grounds. A medical certificate was submitted by her father on her behalf.
What is the recourse available to me if they continue to harrass by not turning up for final statement or if they go for unilateral withdrawl as I hav already handed over a huge amount as alimony. The girl is paralysed due to a disease since the last five years.
Kindly advise on the matter as the judge has recorded my statement in the last hearing.
2 Answers from Attorneys
Re: Section 13B
Dear Friend,
I am sorry, but as a matter of practise, we do not reply to queries from the persons, who do not give their complete details, nor to the persons not directly affected by the problem under the query. We also do not give any citations to the seekers.
Therefore we request you to send your query only through the query form at the Free legal advice pages of the vakilbabu website at http://www.vakilbabu.com quoting the reference LawGuru.com.
We believe you shall understand.
Warm regards and happy new year
Satish Maheshwari.
Re: Section 13B
To me, it appears that you may file an application stating the facts of payment of alimony and belongings to wife, and the wife's allegedly continued absence from the court and requseting the court to pass necessary orders directing wife's presence, in default an ex-parte decree.
Prabhat Shroff
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