Mutul consent,wife not responding
Querist :
Anonymous
(Querist) 21 October 2011
This query is : Resolved
Dear Sir,
We married in the year 2006 and after Many controversies,I settled her permanent alimony and we both filed mutual consent divorce petition in court in the year 2010-october ,Now it is one year completed,She is not responding to my advocate calls and ignoring to attend court.One thing i can say that she is greedy of money,She can do any thing for money.She has changed her address also,Pls suggest me how to make her appear in court.
ajay sethi
(Expert) 21 October 2011
you cant force your wife to appear in court . if your wife does not appear on dates fixed by court , you wont get divorce by mutual consent .
have you paid her the permanent almony?
offer her some incentives if you want divorce by mutual consent .
Shonee Kapoor
(Expert) 21 October 2011
It is classical case of paying alimony first ad regretting later.
If there was an agreement, you can file for divorce on cruelty. (breach of contract is a cruelty)
Delhi HC has given divorce based on these facts a few times.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Querist :
Anonymous
(Querist) 21 October 2011
Sir,
I had Paid her 2 months before filling mutul consent,she has signed on petition and i have agreement copy also.Sir pls provide citations of related case if any.Where i can file breach of contract and what are the documentations to be filed.\What is the action if she doesnt turns up for this also.
M.Sheik Mohammed Ali
(Expert) 21 October 2011
latest judgement given by SC if you want mutual divorce both are willing to give mutually divorce then only due of law proceeding continue.otherwise not possible to divorce.
prabhakar singh
(Expert) 21 October 2011
please go by following doc
http://www.indiankanoon.org/doc/117181/
Ravikant Soni
(Expert) 21 October 2011
The court has wide power under section 23 of HMA to ensure consent subsist or not.
Apply for issuance of summon to appear in the court.
Raj Kumar Makkad
(Expert) 21 October 2011
It seems you paid her permanent aliemony 2 month before filing petition seeking mutual divorce without getting entered specific agreement so there is no hope to invoke the referred citation.
In the given matter, wait for some time more and then get this petition dismissed and file a separate petition under sections 13 (1) (1a) of HMA.
Querist :
Anonymous
(Querist) 22 October 2011
under sections 13 (1) (1a) of HMA,Shall i get divorce with out my wife's attendance.
Querist :
Anonymous
(Querist) 22 October 2011
Sir,
We had enetered in to divorce agrement before filing case.
Devajyoti Barman
(Expert) 24 October 2011
Without her presence the court can not grant decree for mutual divorce.
You better withdraw the same and file a suit for divorce on the ground of cruelty.
