• Mutual consent divorce

Me & my husband filed a mutual divorce in Pune family court on 30/01/14. Now my husband is denying to say Yes in front of judge. He also not attend dates of court. I want a divorce what if he refuses all the time. We both have signed a affidavit saying we want a divorce but in front of judge he says NO.  Pl. help
Asked 2 years ago in Family Law from Pune, Maharashtra
Religion: Hindu
1) if your husband   refuses to attend court at time of second motion court wont grant you divorce by mutual consent . 

2) divorce petition filed by mutual consent would be dismissed 

3) you have option of filing fresh petition for divorce on grounds mentioned in Hindu marriage act . 

4) your husband can contest the said petition .
Ajay Sethi
Advocate, Mumbai
23177 Answers
1217 Consultations
5.0 on 5.0
1. Mere filing of petition for mutual divorce is not enough. If on the date of final hearing one of the parties does not consent for divorce verbally and in writing  before the judge , the court would not pass decree of divorce.

2. The consent in writing and by physical presence of the party is necessary. Filing of any affidavit will not do.
3. Convince him to say yes. if he does not then I regret that after one one year from the date of final hearing the present case for divorce would automatically dismiss.
Devajyoti Barman
Advocate, Kolkata
5189 Answers
54 Consultations
4.9 on 5.0
1. Before the passing of decree it is not wise to live together with this boy.
2. if both of you are caught red handed staying together then your husband in vengeance may file case against the boy u/s 497 IPC.
3.Unless and until your husband agrees no mutual divorce is possible. In that event you can file suit for contested divorce which however takes some time but you have to move ahead with it anyway as there being no other way out.
Devajyoti Barman
Advocate, Kolkata
5189 Answers
54 Consultations
4.9 on 5.0
1)if your husband is not willing to divorce you then you have no option but to file separate petition for contested divorce on the present petition being dismissed 

2)you should not have any live in relation with another man . 

3) your husband can file case against the man for adultery .
Ajay Sethi
Advocate, Mumbai
23177 Answers
1217 Consultations
5.0 on 5.0
If your husband would not appear or give consent at the time of final hearing, then you can file a fresh divorce suit on contest.
Minansu Bhadra
Advocate, Kolkata
266 Answers
23 Consultations
4.8 on 5.0
Divorce will take more time than having a marriage. From your words it is clear that the mutual trust had lost in your relationship. So your husband may change his mind any time.Unless and until your husband agrees no mutual divorce is possible. If any of the party continues to refuse consent to the divorce petition, the court will no longer have the right to grant a divorce decree.

So you will file a divorce petition against husband with the help of a lawyer.

Physical relationship with other boy comes under the head Adultery and it is an offence under Indian penal code you may prosecute so t is not good to live together with that boy
Ajay N S
Advocate, Ernakulam
1911 Answers
19 Consultations
5.0 on 5.0
1. If your husband abstains from appearing before the court, or does not reaffirm before the judge his consent to end the matrimonial tie, the court will inevitably dismiss the mutual divorce petition.

2. In the event that your mutual consent divorce petition is dismissed by the court due to the conduct of your husband you may unilaterally apply for divorce on the grounds available to you under the law.

3. The affidavit signed by your husband does not carry any significance if he does not say yes before the judge.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
1. You are the legally wedded wife of your husband.

2. The boy whom you love and with whom you have a physical relation has the status of your paramour under the law. He can be prosecuted by your husband for adultery.

3. Apply for divorce unilaterally if mutual consent divorce does not come through.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
If your husband does not appear in the court then the court will not grant you divorce by mutual consent. the application filed will be dismissed and you will have to file divorce petition again and contest it on the grounds as mentioned in the HMA. 

The boy u have relation with can be prosecuted for adultery if you continue your relationship with him until you are a legally wedded wife of your current husband.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
1. If he refuses or fails to attend the 2nd motion within 18 months from the date of filing the MCD petition, the said petition will be didmissed,

2. In the above event, you shall have to file divorce petition on the grounds acceptable as per HMAct,

3. Your husband is at liberty to contest the said divorce petition.
Krishna Kishore Ganguly
Advocate, Kolkata
12088 Answers
229 Consultations
5.0 on 5.0
1. The only option left before you now is to file a divorce petition on acceptable ground,

2. If you do not have any acceptable ground to nseek divorce, then it will not be granted since the reason you have cited for seeking divorce is not a legal ground for issuong a decree of divorce,

3. If you stay with your fiancee, he can be charged for adultery punishable as per law.
Krishna Kishore Ganguly
Advocate, Kolkata
12088 Answers
229 Consultations
5.0 on 5.0
Dear Querist
without divorce if you want to live with your boyfriend then your husband may file a criminal complaint against him u/s 497 of IPC for an offence of adultery.

any party of the case have right to withdraw his/her consent on or before  the completion of second motion of MCD.

try to settle the matter with him.
Nadeem Qureshi
Advocate, New Delhi
3523 Answers
130 Consultations
4.9 on 5.0
if you had been in physical relation of that boy before the solemnization of marriage and you carry it on after marriage then that boy has committed offence of adultery. your husband can prosecute him and give you divorce on this ground and you are not entitle for maintenance. if after filing of divorce petition you have not been in physical relation with your husband for more than one year then you have to get divorce. apply in the court for issuance of process against husband and after issuance of process he fails to appear inthe court then you can get divorce ex-parte.
Shivendra Pratap Singh
Advocate, Lucknow
2735 Answers
41 Consultations
4.9 on 5.0
Family Court has right to grant  a decree for judicial separation in place of decree for dissolution of marriage. Realising the requirements of natural justice-the Family Court, has power to send registered notices to the husband at her address given by the wife in the proceedings before family Court. if he fails to appear court resort	to the substitute service by way of publication in the newspaper thereafter court may pass ex-parte decree on the materials on record.
Shivendra Pratap Singh
Advocate, Lucknow
2735 Answers
41 Consultations
4.9 on 5.0

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