LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Unknown Unknown (Service)     20 November 2017

13b - mutual consent

Both the parties decided to file a mutual consent divorce. Both the parties were ready with the mutual decision and signed the documents. Hired a lawyer a filed the petition and got a date after 6 months from court. Now Boy's party is denying to appear in the court.

Can a party, which has under a settlement agreement decreed by a Court undertaken to file a petition under Section 13B has also undertaken to appear before the said Court for obtaining divorce can be held liable for contempt, if the said party decides to not to appear in the petition or motion or both to obtain divorce in view of the option to dismiss the petition of taking divorce by mutual consent.

Can court take any legal action against the party which is absent on 1st date and decided to be absent on 2nd date as well?

Will court dismiss the petition just based on the nonattendance of boy's party where as the girl's party was present in 1st date?


 2 Replies

Kiran Kumar (Lawyer)     20 November 2017

No the other party is not liable for any contempt of court.  The provision of S. 13-B HMA itself provide an option to either of the parties to withdraw from the consent for Divorce for mutual consent.  No penal action otherwise is recommended by law in such circumstances.  However, the rights of the other party (girl in your case), under relevant laws, are very much secure.  The agreement/compromise so arrived between the parties can be used for collateral purpose as per the advice of the counsel.

Unknown Unknown (Service)     21 November 2017

Thankyou for your response!

Problems started soon after wedding and dowry is the main issue. Both visited me in Bangalore and things were not healthy here.

After reaching back to their hometown, things went worst. 

Can a dowry (498a), harrasment and mental torture(under DV Act) case be filed from a different city from their hometown?


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register