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Husband delaying second motion of mutual divorce. What can I do now?
09-Apr-2023 (In Divorce Law)
My husband is trying to delay our Divorce's second motion. Whereas the first motion of our mutual Divorce has been done, and I have received the payment also, now for the second motion my husband is creating problems. He is not responding properly and trying his best to delay it as much as he can.
6 months have been over and still he avoiding the same. Also after second motion with in 1 month he needs to give the money again for quashing. He is always giving excuses that Divorce can happen upto 18 months after the first motion.
Please advise the remedy to sort it out asap as there is no chance of reconciliation from his side.
With respect to divorce by mutual consent, once the first motion Order is passed, the Courts have recently held that one party cannot withdraw his/her consent to the divorce and the Court would be under an obligation to pass the decree of dissolution of marriage.
Now, as per the Hindu Marriage Act, the second motion Order can be passed between 6 to 18 months of the passing of the Order of First motion. Therefore, you shall have to wait till the end of 18 months, after which you can proceed against him for the offence of fraud and cheating. If there is any order of date fix that can be of help. Once MOU has been acted upon he can bound by the same.
However, if you and your husband had entered into a Settlement Deed and the said Deed mentions the date of First Motion and Second Motion specifically then you can proceed against your husband for not abiding with the terms of the deed and therefore liable for the offence of fraud and cheating.
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Adv. Sudershani Ray
Delhi | 200+ Answers
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