If one party is not turn up after filing 13b hma application

This query is : Resolved 

12 January 2018

If a joint petition under section 13(B) HMA filed by the both parties, but after passing 6 month i.e. on the next date, one party neither withdraw the petition nor appeared before family court, in that case can family court have power to pass decree in 13(B) HMA petition.

Vijay Raj Mahajan (Expert)
12 January 2018

No. The Family court has two options, firstly it may give another date for appearance of both parties as the period upto 18 months the section 13B HMA petition can be decided. Secondly it may dismiss the petition on non-appearance of one party. The Family Court will not allow divorce in the circumstance as the extra ordinary jurisdiction under Article 142 of the Constitution of India is exclusively with the Supreme Court only to pass any order/decree of divorce if only one party appears after 6 months and other party is neither withdrawing consent for divorce nor appearing for second motion.

Kumar Doab (Expert)
12 January 2018

You can benefit from the post of Mr. Vijay Raj Mahajan.

Dhingra: 1962dcg@gmail.com (Expert)
Click to Talk
13 January 2018

If one party of the divorce under Section 13B is unable to produce the other party before the court without any specific and solid background, the very purpose of the divorce application u/s 13B is defeated. The case is subject to dismissal even after one or two more dates of hearing.

Guest (Expert)
13 January 2018

Expert Vijay Raj Mahaan is right in his advice.

By the way, when proposal is for mutual consent divorce by both the parties, is there any problem for the 2nd party to produce the other party before the court of law to get easy divorce?

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