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Suggestion required regarding hindu marriage act 13b on going process

Hi Sir/Madam.

Me and my wife had filed for a mutual divorce during august 2021. We had a discussion and fixed to a settlement, during the initial filing 60% amount has be handed over. My wife has left the country during December 2021 without and prior notice to me. Since then she has not returned to India even after many request to come and close the case. It is clear now that she will not come to India in near days.

We have requested to judge for a video call facility to complete the process, but judge denied to accept the petition for video call request. He just wants the first petitioner(wife) to attend the court for judgment. As its been already 18months passed , next hearing will be dismissal expected.

I request you all to guide me in this tough situation to get pass through this. Kindly advice me a correct approach for the further process.


Thanks in Advance,

Sujeeth Reddy


 8 Replies

T. Kalaiselvan, Advocate (Advocate)     03 May 2023

There is no possibility for the court to consider the request to dispose the case as prayed for without the other petitioner appearing in person, if she is not appearing before court on the next date, the court may dismiss the mutual consent divorce case.

You need not worry about it, if the court dismisses then you can file a contested divorce case on the grounds of cruelty citing the same as a reason for mental cruelty.

1 Like


Hello Sir, 

Thanks for the valuable response, this means a lot for me.
Just one query i have. In the case of consented divorce situation, do i have to send her summons ? as she is out of country it will be difficult to trace. 

Please guide me here.

Thanks in Advance.

T. Kalaiselvan, Advocate (Advocate)     03 May 2023

You are welcome for your appreciations.

It is not consented divorce, that chapter is going to come to a close now.

You may have to file a contested divorce case  and send the summons to her last known address, let the summons be returned undelivered for want of proper address. 

After that you can file a petition under order 5 rule 20 CPC before the court stating that it was her last known address, her present address cannot be traced now, hence you may be permitted to serve the summons by substitute service by publishing the summons through a local newspaper where she is guessed  to reside. 

The court may accept your request  after which if she does not turns back, the court may pass an exparte divorce decree in your favor,. 

1 Like


Thank you again sir.
I am getting some peace and hope with your guidance. 



Sujeeth Reddy

T. Kalaiselvan, Advocate (Advocate)     03 May 2023

You are welcome 

P. Venu (Advocate)     03 May 2023

Is the wife willing to appear through video conferance. Please ascertain her willingness and file an IA supported by affidavit by both the parties.

Nitish Sharma (Advocate)     03 May 2023

Dear sir,

I am guiding you assuming that at the time of execution of settlement between you and your wife, you had executed an agreement pertaining to the same. Also at Delhi district Courts, an important requirement is an affidavit in compliance with the judgment of the Hon’ble Delhi High Court in a case titled Rajat Gupta vs Rupali Gupta. The same would entitle you to file a contempt petition against your wife, if she fails to appear for recording of statement of second motion without any plausible reason.  

In a much simpler way, your wife may appoint a Special Power of Attorney (any of her blood relatives) to appear before the concerned family court in the divorce proceedings on her behalf. There are various judgments of the Hon’ble Supreme Court of India wherein permission has been granted to parties to appear through their respective SPAs in divorce cases. 

A contested divorce on this ground would be a far-fetched way of getting a divorce, considering the fact that you have already paid her 60% of the settlement amount.

1 Like

Alpa Jogi (Advocate) (Lawyer / Advocate)     04 May 2023

Try to put affidavit of your wife that she is ready for a video call hearing. Than you can put pressure/represent the Judge to accept the application. Alternately your wife can be represented by Special Power of Attorney.


If this doesnot work, than either you can go for a contested divorce or you can file the mutual divorce again when your wife comes to India.




Alpa Jogi (Advocate)

Divorce Lawyer in Ahmedabad

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