When the wife does not show up for the second motion of Mutual consent Divorce, what can be done?


In Mutual consent Divorce case both of you have to appear twice then only divorce will Complete within eighteen months period.
So now that she didn’t appear this will fail.

Unless she does not appear, mutual divorce will not be granted.

So, this case will remain pending if she does not appear. She may also appear in the court and withdraw her consent for mutual divorce.

Now what you can do is file suit for recovery and divorce under 13 a for divorce.

If the wife does not appear before court it cannot be considered as 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 withdraw.

So you will have to file fresh petition alleging any of the grounds available for divorce .

You can file for a suit of Contempt of Court against her.

In India, the offence of contempt of court is committed when a person either disobeys a court order (civil contempt), or when a person says or does anything that scandalizes, prejudices, or interferes with judicial proceedings and the administration of justice (criminal contempt).

Reference: The Hindu Marriage Act, 1955
The Hindu marriage Act is an Act of the Parliament of India enacted in 1955. Three other important acts were also enacted as part of the Hindu Code Bills during this time: the Hindu Succession Act, the Hindu Minority and Guardianship Act, the Hindu Adoptions and Maintenance Act.

Section 13(1A) in The Hindu Marriage Act, 1955. (ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a period of 22 [one year] or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties

Contempt of Courts Act, 1971. Long Title: An Act to define and limit the powers of certain courts in punishing contempts of courts and to regulate their procedure in relation thereto. Innocent publication and distribution of matter not contempt.



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