Mutual consent 13 1 a petition

deepa (Querist) 25 January 2016 This query is : Resolved
Sir
I am very depressed to ask one more question in this forum. Sir as I have already mentioned about the details of my husband now his stand is he will not give any property rights to my daughter also nor any alimony to me, also maintainance case is pending status: for payment due rs.170000. I had accepted to take divorce for his actions. Now my doubt is I have filed my petition on 5-1-2016. And hearing for the case MC 13 1 a petition on cruelty is on 6 the Feb 2016. I want to know if my husband does not attend the case or refuses to sign the divorce will the court award decree on his cruelty basis. Because it is a cruelty which I don't have physical proof, he says he wants divorce but does not want to allow me to live my life happily with my daughter also. From past three years I am living seperately with my daughter. Can I get divorce decree if he does not attend or sign, or what is the procedure of getting his sign on the paper by court. Kindly reply and help this poor mother who asks this for her own survival for the sake of her only hope daughter aged 7 years

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Devajyoti Barman (Expert) 26 January 2016
He can refuses to attend the court on final motion and even if the same is cruelty you will not get divorce on this ground alone.

You can in no way force him to attend and consent in hearing of final motion.

If he is not paying maintenance then file execution case and apply for W/A. There are many way for implementation of maintenance order.

deepa (Querist) 26 January 2016
Sir he himself wants divorce since he is on dialysis. Also case is on mediation. In mediation is it possible to get things solved faster

Rajendra K Goyal (Expert) 26 January 2016
Without his consent on both occasions i.e first motion and the second motion in Mutual Consent Divorce, divorce can not be granted.

You can file for execution for maintenance.

Move to court for orders to meet your daughters.

P. Venu

(Expert) 26 January 2016
In your earlier query, you had stated that your husband is terminally ill and some some other facts which are inconsistent with the contents of the present query. It auggests that you are less than honest with the facts.