If your wife withdraws her consent or fails to appear in court your petition for divorce by mutual consent would be dismissed

2) you can file an appeal against dismissal of divorce petition in HC as you have have already acted on consent terms and paid wife alimony

Hi,

In Mutual consent divorce, presence of both the parties are necessary at the hearing. If any one of them is not present, divorce can not be decided in favour of the other party. Submitting signed papers are not sufficient, she has to be present in the court. If you want to move ahead in life, talk to her otherwise the divorce suit under Mutual Consent will be dismissed.

Firstly, if you have given the money without any acknowledgment then chances are less to prove that she has taken money from you, but if you can talk to her through messages and grab the conversation where she agrees that she has taken money then would be a great luck (talk like you are begging for everything and have no relief apart her consent to divorce).

Second, if you have moved before the court that means she gave consent for mutual divorce.

Thirdly, try to move an application before the court to ask her about her non presence, and if she has any difficulty then say.

Lastly, if she still refuses then you can file for divorce on any ground which suits you the most in accordance of law.

I have something to quote related to your query made:

"Withdrawal of consent by a spouse after mutually agreeing to divorce constitutes mental cruelty, the High Court held in an important ruling. Such withdrawal of consent without any sufficient or just cause adds to misery of the other partner, a bench of Justices P.N. and Y.K. observed last week, granting divorce to a woman on grounds of mental cruelty.The bench recognised "unilateral withdrawal of consent by the husband, despite the fact that the wife was always willing to abide by the terms and conditions of the settlement deed entered in the joint statement" as one of the grounds adding to misery of the wife and a form of cruelty meted out to her."

Firstly, the money which you have given might not come back as later she would say it's your responsibility, but if you want to you can file a criminal complain against her for cheating with you.

Secondly and lastly, yes you will have to wait for more time, but you don't have any choice for the time being.

Respected sir ...

Her presence in court is not necessary infact it is in your favour if she not comes to upcoming 2 or three dates court will pass ex party order against her so ...Don't tell the court that she is Dennis to give divorce court will consider it itself ...She have to give you divorce as it is your legal right ...

Thanku

If she is not fulfilling the condition if the mutual consent then you may withdraw the same and file case for divorce on that ground alone

Also yes the same will take some time but there is no option other than the same. Immediately withdraw the same and file the divorce on this ground.

File an FIR for criminal breach of trust, to draw some pressure on her

Regards

Put an application before the court with the judgement i quoted in consultation with your lawyer

If she's not willing to divorce you by mutual consent, despite the fact that she's already taken alimony from you, there's no remedy to this.

You're advised to withdraw this, because sooner or later this will be dismissed for mutual consent divorce can't be granted to you without her consent.

File a contested divorce and in this, also take a defense that you cheated by your wife inasmuch as she extracted alimony from you in the name of mutual consent divorce and absconded later on.

1) you can file petition for contested divorce on grounds of mental cruelty in case court dismisses your petition

2)in the alternative file appeal against dismissal of the divorce petition

If you have evidence to prove that she has agreed and took some money from you in lieu of such agreement then she cannot retract. It is settled law that once party is agreed and consideration is paid then contract cannot be cancelled. Mutual consent divorce is a pure contract between the parties. Therefore you can compel her to appear in the court and proceed on the mutual divorce case. If she does not want to proceed in mutual divorce case then she has to return all the benefits taken from the agreement.  in your case she has been taken all the benefits and reluctant to appear in the court with a view to frustrate your right then you should move an interlocutory application before the court for expedite hearing and dispose of this case within stipulated time.

Please ask your counsel to tell the court since she's not representing the case to pass orders without her presence .... or ask him to get a notice served through court for her appearance ...

Hi

Try getting an Ex-parte order against her due to her absence.

Also You can file for the recovery of your amount and which was paid as the alimony on the condition of mutual consent divorce.

Thank YOu

With out coming her in to court you can get divorce though her signed papers with you

You may fight on contest for divorce

Total years of merriege is 6 years. v have one child of 5 years who is staying with me.in this year January v have applied for mutual consent divorce. she was agreed at that time n took some money from me as an alimony.on the day of hearing she refused to give divorce and then I m getting dates only. n she is not coming in the court on the given dates as well. n now she is not ready to give divorce.even though I have submitted the papers on which she has already signed for mutual divorce .. now what to do..i want to move ahead in my life..

You can file a contested divorce case by withdrawing the mutual consent divorce petition.

You can also send her a legal notice to return the amount towards alimony as a condition for mutual consent divorce whereas she breached the condition hence demand to return the same.

No doubt you may have to strain a lot more on this.

in the papers it's clearly mentioned the amount which i hve given to her already so she can not refuse for that. but the thing is it's already one year pass. n now if court dismiss the case n then again will i hve to submit a case against her?? .. means another 2-3 years?? no any other options.?? she is not coming in the court n just telling me that she won't give me divorce now..

The withdrawal of her consent in the pending mutual consent divorce itself amounts to cruelty.

You can fight it out on the basis of the same and also other grounds of cruelty that was meted out to you by her in the past.