Divorce application under 13(b) time period

If one of the parties to the mutual consent divorce case doesn't appear before court continuously then the court may dismiss the case after 18 months of filing the case.

thanks Shri T. Kalaiselvan sir 

regards

Petition for second motion u/s 13(B)(2) of Hindu Marriage Act, 1955 for mututal consent divorce can be filed within 18 months of grant of first motion u/s 13(B)(1) of the Act.

Mutual Consent must exist at the time of second motion even if there is a written agreement or consent is given earlier. Wife is legally entitled to withdraw her consent at any time before the decree is passed by the court. As per supreme court judgement, mutual consent must be free, continuing and present on the second motion date. court cannot grant decree if one party is not present. If the wife does not appear within 18 months from first motion application, divorce under section 13B usually fails. 

Request the judge through counsel to grant another date within the window of 18 months. Although agreement or MOU will not help to grant decree but to help in further case proceedings. Your son can file the application for contested divorce petition  on grounds of cruelty,desertion if living seperately for more than 2 years . Court may recognize repeated failure to appear after settelemnt and withdrwal from agreed divorce as a menatl cruelty