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Filed case of mutual divorce other party want second motion in a month
12-Jul-2023 (In Divorce Law)
It is a HMA case. Mix of Family DV and 156/3 where a confusion has been created by the other party after the first motion. The other party wants second motion within a month. We have no objection. Parallely they have to withdraw DV Court and 156/3 FIR from High Court. Some confusion being created on that part which can be clarified only on call.
Definitely you can call on this or the tream of lawrato definitely they will assist to you in this regard. Kindly consult to an advocate for better legal.advice as soon or approach to us for any clarification
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Adv. Akhil Verma
Delhi | 400+ Answers
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Yes it possible subject to condition that in first motion it's stated categorically that they are living separately for more than a year then second motion can be moved and the court can grant divorce.
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Adv. Amit Gaurav
Delhi | 200+ Answers
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For filing the second motion before the expiry of mandatory 6 months period after the first motion, you need to move an application for the same before the family court.
For the 156(3) application, if the FIR has been registered then you have to move to high court for quashing and for withdrawal of DV case you need to move to court where the case is pending and get recorded the statement of the complainant for withdrawal.
Rest as you have said, you can speak to me on phone with respect to the same.
For the 156(3) application, if the FIR has been registered then you have to move to high court for quashing and for withdrawal of DV case you need to move to court where the case is pending and get recorded the statement of the complainant for withdrawal.
Rest as you have said, you can speak to me on phone with respect to the same.
Helpful?
Dear sir, I understand your problem. Now I want to know some more details like in which mode you have settled the issue with the other party and what is the mode of settlement between both of you. I need some more information
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Adv. Sonam Priya
Delhi | 25+ Answers
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On second party demand, second motion can not be done in one months, as there is 6 months colling period but not mandatory , which may be waive of
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Adv. Rahul Tyagi
Gurgaon | 25+ Answers
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