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As per settlement in MCD, husband delaying to file for second motion


14-Jul-2023 (In Divorce Law)
As per settlement in MCD, second motion petition is to be filed within three months after first motion, husband and his lawyer told me they will file second motion petition before 4-5 days to completing three months. Settlement was done in Mediation Centre in presence of Judge. What is the action which I may take
Answers (5)

Answer #1
550 votes
MCD? there is no judge in mediation proceedings. why and what action are you planning to take? they are ready to file the second motion? what is your exact question? was the settlement noted down in writing? for further queries please feel free to contact
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Advocate Kartik Krishan Sood

Adv. Kartik Krishan Sood

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Answer #2
888 votes
you can file an application to withdraw your mutual consent ao that there will not be any second motion. consent of both husband and wife should exist till their statement gets recorded during second motion.
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Advocate Rajiv Rekhari

Adv. Rajiv Rekhari

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Answer #3
754 votes
Hi You don’t need to take any action. Once the second motion is filed and the settlement amount is paid. The divorce decree will be permanent and passed. Feel free to get in touch in case of any further Clarification Regards Adv. Abhinav Sharma
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Advocate Abhinav Sharma

Adv. Abhinav Sharma

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Answer #4
966 votes
Ma'am The second motion petition has to be filed after 6 months from the date of order passed in the first motion, but not later than 18 months thereafter. However an application can be filed for waiving off the mandatory 6 months period. So you can file such an application jointly. Simultaneously, the second motion petition can also be filed. Please do contact if you need any further assistance.
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Advocate Sampanna Pani

Adv. Sampanna Pani

LawRatoDelhi | 25+ Answers
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Answer #5
776 votes
You can either send the Call upon notice seeking the execution of the mediation settlement. in case, if they don't comply after the notice. then contempt proceedings can be initiated against them. Rest remedies depend on a case to case basis.
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Advocate Yuganshu Sharma

Adv. Yuganshu Sharma

LawRatoDelhi | 700+ Answers
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