Contested to mutula divorce husband not ready for divorce

This query is : Resolved 
 

(Querist)
15 March 2019

Dear Experts,
If Someone file HMP 13 for divorce before 10 months , before that husband not ready for divorce.
Now Husband ready to give her divorce, now they prepare notary for affidavit and submit it to court for mutual consent divorce, in that case if husband is not ready to give divorce in front of Judge, than what chances are there for divorce?
or if husband not attend the court. does wife is eligible to continue she's HMP 13 case which was filled as contested divorce ?


Vijay Raj Mahajan (Expert)
15 March 2019

Divorce by mutual consent has to be attended by both husband and wife although the contested divorce can be attended by both or the petitioner only. If divorce by mutual consent case not attended by both it will be dismissed by the Family Court without making any order for divorce.

Dr J C Vashista (Expert)
16 March 2019

When either of the spouse is unwilling/ not ready for Mutual Consent Divorce it can not be proceeded by any Court.



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