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Husband not appearing for second motion
17-Nov-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
Respected madam .
you stated that your first motion is allredy allow but on the second motion your husband can not sign on second motion .if your husband not fulfill the condination the you file countmp court and also file 125cr.p.ccsse against the her husband .
you stated that your first motion is allredy allow but on the second motion your husband can not sign on second motion .if your husband not fulfill the condination the you file countmp court and also file 125cr.p.ccsse against the her husband .
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Adv. Ravindra Kumar Panwar
Delhi | 200+ Answers
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How long does it take to get a divorce decree after second motion?
1) Section 13B(1), read in conjunction with Section 13B(2), of the Hindu Marriage Act stipulates that a period of one year (12 months) from the date of separation is required to file a motion seeking a divorce decree by mutual consent.
What happens if wife doesn't appear in second motion?
If you fail to appear at the second divorce motion hearing, the court will not punish you. You can sue your husband to recover the half of the alimony you received during the first divorce motion. Thats all.
What is the maximum period to delay second motion statement in divorce by mutual consent?
According to Section 13-B, parties must wait a minimum six months, and a maximum 18 months, before filing a second motion for divorce. 01-May-2023
as you are saying that you are waiting for your mutual divorce to get complited. but the other parry is willing to get mutual divorce delayed as the other party is not coming before the court . in this case the second motion can get be delayed up to 18 months as per law and in which as per legal laws of india which can not be forced. but there are things which can be applied to call him before tge court and things can get setteled.
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Adv. Vishwanath Pratap Singh
Delhi | 500+ Answers
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First of all you cant force husband to sign or appear for second motion as the name suggest the mutual divorce can only be granted when both the parties agrees for the same. It is your right to file 498A case but if you have recieved the alimony amount the same should be in first motion settlement deed moreover when wife is not living with husband then how can she blame him for cruelty mishandling etc etc. Your 498A complaint would be baseless. Court will not issue any summon or notice to husband as both the parties have filled divorce on mutual grounds you have to opt some other ways for second motion
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Adv. Vineet Mittal
Delhi | 25+ Answers
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You can file a memo if he does not appear for the second motion. The court will then dismiss the divorce petition based on mutual consent.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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