Answer:
Second motion in mutual consent divorce is where both the husband and wife have to appear before the family court and state that they both are consenting for the divorce. What happens if wife doesn’t appear for second motion in mutual consent divorce? The court cannot grant a decree of divorce if one party is not present before the court at the time of second motion. Mutual consent until the time of granting of decree must be proved and thereafter maintained.
Delays would be caused and questions would be raised as to the fate of the divorce petition if one of the spouses is not present before the court. The courts would take into consideration the reason for non-appearance and the facts and circumstances of the case. Without confirmation of consent at the time of second motion, wife will not get divorce by mutual consent.
This can get tricky if there are pending issues of maintenance, alimony, child custody, settlement of property etc., or some other matrimonial dispute is pending between the parties. You must take the help of a lawyer and understand your legal position and take an informed course of action as per the facts of your case.
But if you are looking for a lawyer who can guide you with mutual consent divorce and all other family law issues, Advocate BK Singh is someone you can rely on. The advocate has dealt with cases related to divorce and all other matrimonial disputes. He can guide you with the court process, documentation required and can represent you in the family court.
Hire the services of BK Singh online if your wife is not appearing for second motion in mutual consent divorce and know how to deal with the situation legally with the help of the experienced lawyer.
By Advocate BK Singh
Supreme Court | High Court | Tribunals
