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Husband not signing the second motion papers what can be done


30-Sep-2023 (In Divorce Law)
I am a christian girl. I m giving divorce to my husband eith mutual consent. My 1st motion was done in nov'15 and second motion was to be done in July'16. But my husband is not signing the papers. I am living with my 7yrs old son and my boyfriend. We have decided to get married in nov'16 but my husband is delaying. Plz help. & kindly tell meveryone is there any grace period of 18 months from the time of 1st motion. Before that v cannot take any action against my husband?
Answers (2)

Answer #1
722 votes
Did you signed any settlement deed before filing Ist motion ? If no, then try to be polite with him so that he signs the documents else he can delay it till 18 months. Please come out with clear details so that we can guide u properly.

Answer #2
543 votes
You have not mentioned in your query as to whether your husband is Hindu, Muslim or Christian. If he is Hindu or Muslim,your case is covered under section 28 of the Special Marriage Act 1954. However if your husband is a Christian, then your case is covered under section 10 A of the Divorce Act 1869. However if your husband has withdrawn his consent, you may unilaterally file a divorce petition under the relevant act.

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.

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