quesFirst motion of divorce done. How can i avoid getting divorce now?

1st motion of Divorce is over. I dont want to Divorce my husband now. what can i do. if i dont appear in the 2nd motion what will happen. will i have to pay anything to my husband?

  • ansNo actually you will not have to pay anything and if you don't want to divorce your husband all you have to do is not file the 2nd Motion that's all. The court cannot force you. Shreshta Devi's case in the Supreme Court made it amply clear.

    Advocate Arjun Vinod Bobde

      Supreme Court of India, Delhi

  • ansDear Madam,

    A divorce cannot be final in a mutual consent divorce till two motions are filed so if you do not want to take a divorce, it would be best to appear before the court and withdraw your consent. As far as your second question goes this depends upon the fact whether you took any alimony amount on first motion from him or not.

    Feel free to revert in case of further clarifications.

    Advocate Sonia Saini

      Dwarka, Delhi

  • ansThe entire purpose of the time gap between the two motions of mutual divorce is to give the parties time to re-assess. If you do not want a divorce,you need to show up in court on the next date of hearing and intimate the judge that you no longer want consensual divorce.

  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Divorce Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
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