171+ Lawyers are online 
Husband is intentionally delaying second motion in mutual divorce
07-Dec-2023 (In Divorce Law)
Couple has filed for mutual divorce.First Motion has been done.After first motion Six month has been passed.On due date of second motion husband did not appear in court .Now husband is delaying the second motion .He is neither coming to sign the second motion and nor withdrawing the case.Husband had already paid all amount which we have settled at the time of first motion only.Need Guidance on following mentioned points
1) How we can make husband to come in court and sign second motion
2) There were no cases like 498 A,DV etc before filing mutual divorce.Can we file any sort of metromonial cases on him after signing of first motion and taking all the settled amount from him to put pressure on him for signing second motion.If we put any sort of metromonial cases on him, what will be the standing of that cases in front of court as MCD is in process
3) How long husband can delay the signing of second motion
4) Can court provide summon or notice to husband for his appearance in court
You can file petition on the ground of cruelty. Also you can move with the suit for specific Performance Act. As court will not exceed the time more then eighteen months. You cannot move for maintenance but you can file criminal case of fraud.
Helpful?
19+
19+
Adv. Manoj Mulchandani
Nashik | 500+ Answers
Chat
hi
you can contact middle men who will help you to call husband to sign the final motion like a common friend or relative can help.
As he fulfilled his terms of paying you certain sum..now could have some genuine difficulty or might have changed his mind.
the second motion cannot be signed by force .either party can withdraw his petition any time after filling of MCD.
if he fails to appear in the court after the expiry of 18 months from filling, you can file divorce petition on your own.
you can contact middle men who will help you to call husband to sign the final motion like a common friend or relative can help.
As he fulfilled his terms of paying you certain sum..now could have some genuine difficulty or might have changed his mind.
the second motion cannot be signed by force .either party can withdraw his petition any time after filling of MCD.
if he fails to appear in the court after the expiry of 18 months from filling, you can file divorce petition on your own.
Helpful?
24+
24+
Adv. Susmita Jagtap
Pune | 25+ Answers
CONTACT NOW
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Divorce lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
