If your wife does not appear in court inspite of number of adjournments you’re petition for divorce by mutual consent would be dismissed
you have to file fresh petition for divorce on grounds of mental cruelty
Mutual divorce
Married in January 2019. Wife left our flat within two months of marriage. We both are from West Bengal but both of us are working professional in software industry at Bangalore. Within a few months from leaving the flat wife filed Annulment of Marriage case against me alleging me of Impotency. We denied the allegiation in our reply and also filed a counter case asking for divorce because of falsely accusing me of Impotency and mental harrassment. Just after our counter petition , wife had withdrawn her original case and her lawyer approached us spontaneously if we want mutual divorce. We said, yes but with no financial claim. They agreed. In February 2020 we filed for mutual divorce. Now for two dates she has not arrived for the second hearing. Even her lawyer has said to my lawyer that she and her family is not contacting even her lawyer. 1. What should I do now? 2. What can be their plans? (if I have to consider negative scenarios)
Asked 3 years ago in Family Law
Religion: Hindu
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13 Answers
1. File for Restitution of Conjugal Rights, if she does not attend the second hearing inspite of your taking one more date.
2. Her plan, may be, she has plans to stake claim for hefty Alimony.
1. You can wait until the next date of hearing of the case.
If she is not turning up next time also, you may ask your advocate to insist on the court to dismiss the case due to her attitude of ignorance.
2. The plans in her mind cannot be predicted.
However if the case is dismissed then you can file a contested divorce case on the grounds of cruelty citing this as another reason for the mental cruelty.
You can again file a contested divorce after trying to contact her. Mutual divorce will be dismissed if oke party doesn't approach court
Now, you can send her legi notice through your lawyer that you're going to file case in the family court for divorce dmd now the MCD option will not be available.
Dear Sir/Madam,
It is suggested that you may move an application to convert the said petition of divorce from mutual consent to that of cruelty and proceed your case on the grounds of cruelty.
1. Send a legal notice to her for the same
2. If she will not come forward for second motion , then the first motion will have no legal value ,and further you can the divorce petition afresh.
if your wife fails to appear or refuses to attend court at time of second motion court wont grant you divorce by mutual consent . The divorce petition filed by mutual consent would be dismissed and you have option of filing fresh petition for divorce on grounds mentioned in Hindu marriage act.
Thanks to all learned advocates here. What I wanted to know specifically is, after all these and even after filing first motion of mutual divorce, if she has bad motive to again harass me and the mutual divorce case gets dismissed due to her not coming for the second motion date ever: Can she file a domestic violence or dowry or any criminal case against me to extract money?
Asked 3 years ago
She can anytime file the same. It's her discretion. You need you contest it on merits if filed
Wife can file DV case , maintenance application against you
The domestic violence and dowry harassment are continuing offence hence she can take steps to file such cases so long as the marriage is in tact.
yes, she can file DV and 498A against you.
- Yes, she can file the cases after refusal of second motion , as in her absence court will not grant divorce .