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How to avoid mutual divorce after first motion


21-Sep-2023 (In Divorce Law)
First motion of mutual divorce happened.can it be possible to avoid mutual divorce
Answers (5)


LawRato

Answer #1
925 votes
If first motion is completed and the second motion is pending and you want to avoid the mutual divorce if both parties are ready to avoid mutual divorce then it can be possible. if only one party want to avoid to mutual divorce and that party disappear at the time of 2nd motion then court only wait for 18 month after that court decide the divorce petition in favour of other party.
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Advocate Ankit Saran

Adv. Ankit Saran

LawRato Ghaziabad | 400+ Answers
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Answer #2
613 votes
13B Under the Hindu Marriage Act, a suit can be filed at any time after the year of separation, if any party does not want to give divorce on the basis of consent, then he can stop appearing in the cases and can also refuse and without any Divorce is not possible with mutual consent of the parties
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Answer #3
601 votes
yes bilkul possible hai isme koi issue nahi hai agar ap mutually divorce nahi chahte hai first motion ke baad bhi ap usse contested bana sakte hai simply ek application move kar ke agar ap satisfied nhi hai bas brief reason described kr ap denied kar sakte hai
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Advocate Vinal Tyagi

Adv. Vinal Tyagi

LawRatoGhaziabad | 100+ Answers
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Answer #4
837 votes
As you mentioned that we had filed a divorce suit by you on the basis of mutual consent but now you want to avoid itThe basis of divorce by mutual consent is that both the parties will be present in the court, only then you will be divorced, if you do not appear in the court, then divorce by mutual consent will not be possible.
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Advocate Rajeev Kumar

Adv. Rajeev Kumar

LawRatoBijnor | 700+ Answers
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Answer #5
739 votes
Yes, it is possible to avoid divorce with mutual consent by not appearing in court for 18 months from the date of filing. The court never summons in mutual divorce case but the other party can take legal action against you for violating the norms, terms and conditions that you agreed at the time of filing of divorce
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Advocate Barjinder Singh

Adv. Barjinder Singh

LawRatoLucknow | 25+ Answers
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