Filed for mutual divorce but want to extend the cooling off period

700 votes

For divorce by mutual consent, consent of both husband & wife to take divorce should be absolute, while recording First & Second motion, and in the event either of Husband or Wife is not willing for divorce, at any stage before recording joint statement for second motion, Divorce can not be granted. Second motion can be kept pending till 18 months from day of recording first motion. SO you may seek more time on the day of recording second motion and in alternate also request the judge that your case be sent for mediation as for the sake of your son, you want to give one more chance to your marriage.

Advocate Vivek Nasa LawRato

898 votes

Dear client,
you can state the reason for extension of time to the hon'ble court and demand more time to rethink. Court will definitely grant you more time.
If court refuse, which seems almost impossible, to provide further time, you can also refuse to record your statement.

For further information you can call/ meet me.
Regards

Advocate Suneel Moudgil LawRato

826 votes

Hi,
file petition for 2nd motion as when u will get prepared for that even after 6 months but before 18 months


Thanks & regards

Advocate Puneet Sharma LawRato