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query regarding second motion under Hindu Marriage Act ...............


28-Nov-2023 (In Divorce Law)
Me and my husband filed mutual divorce and have completed 6 months period after the first motion. Infact it has been more than 6 months and my husband is not coming to India to sign second motion papers. He is making excuses to trouble me. We had a clause in the mitigation settlement order that if he doesn't appear for a motion then the amount paid so far will be forfeited and he will have to pay the previous payments again and vice versa. Can I do something in this case and take an action against him for not coming or send him a notice to come?
Answers (2)

Answer #1
544 votes
this is a clear case of harrassment and should not happen if the settlement agreement says so. you have various legal remedies in this case and its upto you which recourse you'd want to take, whether civil or criminal. the settlement agreement will have to be read into to make a more specific comment
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Answer #2
534 votes
Hi Mam,
You may initiate suit for recovery on the basis of the said mediation agreement. For any assistance on this regard or for any other information, feel free to have a word with us. All the best.
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