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Minimum time period between first and second motion in a divorce case
23-Apr-2023 (In Divorce Law)
Me and my husband filed divorce on mutual basis and we both signed first motion on 10-04-2018. My question is, can we go for second motion after 10-15 days or we need to wait for 6months, as we both have been living sperately from last 4years.
The statutory time period is six months but now after the judgment of supreme Court, you can file second motion petition along with the application for waiver of 6 months period. Your application will be allowed as you are living separately from 4vyears
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Adv. Devashish Maharishi
Delhi | 100+ Answers
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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 minimum time for divorce in India?
According to Section 13-B, parties must wait a minimum six months, and a maximum 18 months, before filing a second motion for divorce. 1 May 2023
As per the new guidelines by supreme Court second motion can be filed after a week in case of tge couples who have been living separately for more than eighteen months. As in your case you have been living separately for four years your's is a fit case for seeking exemption and filling tge case immediately after one week of first motion.
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Adv. Mayank Soni
Delhi | 25+ Answers
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Yes you can file within 15 days also depends upon facts of your case and as per your fact that you have been living separately for last 4 years will play in favour of you. There are various judgments to hat effect. There are some courts which are allowing such applications and I had appeared I. Like cases which are similar to your case. Contact me for further.
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Adv. Ujjwal Jain
Delhi | 200+ Answers
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No
You have to wait at least for six months period because this period mentioned in s-13b if Hindu marriage act is given by the court as cooling off period.
This law is made in the reference that the disputes between the husband and wife is expected to get sought out.
You have to wait at least for six months period because this period mentioned in s-13b if Hindu marriage act is given by the court as cooling off period.
This law is made in the reference that the disputes between the husband and wife is expected to get sought out.
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Adv. Mohit Rana
Delhi | 100+ Answers
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Initially there is a time gap of six month between first and second motion in mutual divorce but after the supreme court recent judgement that time period is waived off therefore you can file your second motion within 10 to 15 days.
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Adv. Lavika Gupta
Delhi | 100+ Answers
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When the couple returns to court after six months for the second appearance, the second motion petition is filed.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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