What to do when wife is not coming for second motion?


If you wife doesn’t want to go for mutual divorce after first motion and she is given all the said amount but she didn’t came for second motion you can file suit contempt of court against her and as well as divorce case under saction 13 1.
If the wife does not appear before court the court cannot consider the mutual divorce .as per law either of the parties can withdraw from the mutual divorce petition any time before the second motion and the court is not entitled to pass orders on the mutual divorce petition if either parties with draw. so you will have to file fresh petition alleging any of the grounds available for divorce.
1. If you will seek divorce on ground of adultery and cruelty then she can not claim alimony.

2. 1.5-2 years.

3. You can not bound or force her to come for second motion.

4. You can not sue her for breach of the same.

5. Yes as advised above, basically the divorce will be sought on the ground of cruelity saying that the adultery committed amounts to mental cruelty.
If she not giving her consent, this divorce is not possible with mutual consent of the parties.

File a fresh divorce petition and contest the same against your wife on the ground of mental cruelty and adultery.

Contested divorce can take 2-3 years.

No you cannot compel her to give her consent in the 2nd motion.

No you cannot file a suit for breach of contract against her.

File a fresh divorce petition and contest the same against your wife as already suggested.




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