quesHusband delaying second motion of mutual divorce. What can I do now?

My husband is trying to delay our Divorce's second motion. Whereas the first motion of our mutual Divorce has been done, and I have received the payment also, now for the second motion my husband is creating problems. He is not responding properly and trying his best to delay it as much as he can. 



 



6 months have been over and still he avoiding the same. Also after second motion with in 1 month he needs to give the money again for quashing. He is always giving excuses that Divorce can happen upto 18 months after the first motion. 



 



Please advise the remedy to sort it out asap as there is no chance of reconciliation from his side.



 

  • ans

     

    With respect to divorce by mutual consent, once the first motion Order is passed, the Courts have recently held that one party cannot withdraw his/her consent to the divorce and the Court would be under an obligation to pass the decree of dissolution of marriage. 

     

    Now, as per the Hindu Marriage Act, the second motion Order can be passed between 6 to 18 months of the passing of the Order of First motion. Therefore, you shall have to wait till the end of 18 months, after which you can proceed against him for the offence of fraud and cheating. If there is any order of date fix that can be of help. Once MOU has been acted upon he can bound by the same.

     

    However, if you and your husband had entered into a Settlement Deed and the said Deed mentions the date of First Motion and Second Motion specifically then you can proceed against your husband for not abiding with the terms of the deed and therefore liable for the offence of fraud and cheating.

     

  • File Mutual Consent Divorce @ Rs. 25,000/- only


    Know More
  • 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.
  • Related Articles

Consult best Divorce lawyers in India

Similar questions

On what legal basis should I initiate divorce proceedings after we both are living separately…
Sir, I am form Jammu and Kashmir and being Hindu I am in love with…
I got married in 18. 04.2016,hindu, after marriage i came to know about bad habits…
Dear Sir, i am married before 5 years & i have one 4 year daughter.…

Divorce Lawyers in India

Advocate Arjun Vinod Bobde

  Supreme Court of India
 Experience: 16 years


Advocate Jaspreet Singh Rai

  Greater Kailash 1
 Experience: 14 years


Advocate J. P. Rinwa

  High Court
 Experience: 16 years


Advocate R C Mahajan

  Paschim Vihar
 Experience: 23 years


View all >>

How it Works

Know how LawRato makes legal advice easier and effortless

Ask a Free Question

Post a question and get free advice from multiple lawyers

Talk to a Lawyer

Easily find and book private consults with top lawyers in India

Get Fee Estimate

Receive multiple quotations for your legal requirement instantly