Respected sir, 1.my brother's marriage relation was not good from the same month of marriage due to external affair of his wife. His wife told herself to him about her relationship.He decided not to live with her. And next month she went to her father's house. 2.we gave all her gift she recieved from her father's side.After that she signed a stamp notary to give divorce from 13B applied by my brother with 7lakhs rs (2lakh on the date of applying +5 lakh after receiveing decree ) and gifts she accepted. 3. my brother applied 13b and gave 2lakhs rs as mentioned in the stamp to her on the same date.They both sined the papers of 13-b. 4. After that since from 2-4th hearings she doesn't came to the court. my brother was there on each hearing but she doesn't came. Each time she gave an excuse via her lawer. please advice me what should we do. Waiting for your expert advice. Thank you.
Your brother and his wife have filed a divorce petition by mutual consent . According to the provision of law, the consent of both the parties to the divorce petition should continue to exist till the disposal of the petition by granting decree of divorce by the court. Otherwise, the petition will be dismissed by the court. However, in this case, your brother's wife appears to be non-cooperative may be because she is likely to extract more money from your brother under the pretext of withdrawal of her consent or because her lover may not be in a position to accept her or because of some other unknown issues. You just find out the reasons for her such behaviour and act accordingly.
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Thank you for your reply. She wants more money from us but we r not able to give her more money because our business is not going well now a days and parents healths is also not well after all issues we r giving money to our lawyer for each hearing even if she doesn't come. And her lovers are married now.they are not going to accept her. My brother is also not going to accept her . She also has done abortion before her marriage with her lovers.I can't explain what situation my family is going through last 2years. Is their any law to fight against the claim as she is not following her statement written on the stamp? please reply soon.