If time expires to file 2nd motion, do we need to start divorce again?


We had filed for the first motion for our Divorce petition in Family court in Delhi on 31st Jul'12. I think, one has 18 months to file for the 2nd motion, and if the 2nd motion is not filed withing that time, we will have to start again from filing the 1st motion again. Please confirm if my understanding is correct?

 

My husband is making excuses in filing the 2nd motion even though I have done all formalities from my side. We are living separately for more than 3 years. Please suggest what can be done?

Answer

Since the decision to obtain mutual divorce was a result of your complaints under Section 406 / 498A, you can now get issued a Notice to your husband to get the second motion petition filed, failing which you shall get the same revived and also prosecute contempt of court proceedings.

 

However, the 18 months period is for the withdrawl of the first motion and not a limitation period for the filing of the second motion. The second motion petition can be filed at any stage after the expiry of 6 months from the order of the first motion petition.


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