Mohit What happens if one party fails to appear for the second motion in a mutual consent divorce process in India, and what legal options are available to the other spouse if the required consent is not provided at this stage?
Krish If one party does not appear in the second motion of a mutual consent divorce in India, the divorce process may not be completed because the consent of both spouses is required at this stage. Key points: Mutual consent divorce requires both parties to remain willing to proceed until the final decree is granted. If one spouse does not appear for the second motion, the court may not pass the divorce order. The absent spouse may be given an opportunity to explain the reason for non-appearance. If the spouse withdraws consent, the other party generally cannot force a mutual divorce. In such a situation, the affected spouse may consider other legal remedies, such as filing for a contested divorce on valid grounds. The court may consider the circumstances and actions of both parties before deciding further steps.
