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What does first motion in a mutual divorce mean


01-May-2023 (In Divorce Law)
What is the meaning of first motion given by the judge in case of mutual divorce.. After couple have decided on final list of amount etc . When Will the FIR and other complaints be removed including dv court case.
Answers (5)

Answer #1
839 votes
First motion is join petition filed by the couple when they want to get mutual divorce, and after 6 months they will have to file second motion but now that can be waived as per supreme Court's judgement. Other pending cases will be withdrawn as per the settled terms between you
People also ask

What documents required for first motion divorce?

Proof of Marriage like Marriage Certificate, Invitation Card of marriage, and Marriage Photographs. Marriage Certificates, Invitation Cards, and Marriage Photographs are proofs of marriage. Original and a copy of the ID proof like Aadhar Card (original), Passport, Voter Identification Card, etc. Memorandum of Understanding or Settlement Agreement

How many motions are there in divorce?

The court will then issue an order based on the recorded statements. The court gives both parties six months to file a second motion.

What is the first procedure for divorce?

First motion involves filing divorce petition jointly. STEP 2: Wife

How do I make the first move in a divorce?

First motion involves filing divorce petition jointly. STEP 2: Wife

  

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Answer #2
805 votes
If you have opted to go for first motion then you must make a compromise deed with your spouse in which you have to clearly mentioned that when will other cases will be withdrawn and when you both have to go for FIR quashing.

Answer #3
629 votes
Mutual divorce have two stages first motion and second motion
During mutual divorce a memorandum have been prepared in which both the parties has settled their issues amicably and the same have been used during the process of divorce
Answer #4
803 votes
Sir for your kind information as per judgement of Hon'ble Supreme Court,
Settling a contentious issue, a two Judge Bench of Supreme Court comprising Justices AK Goel and UU Lalit held that the 6 months waiting period prescribed under Section 13B(2) of Hindu Marriage Act for divorce by mutual consent is not mandatory, and ... Now you can get divorced in one day by filling mutual divorce petition. And you can draft a MOU for your proceeding.
Answer #5
520 votes
The motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than 18 months after the said date, if the petition is not withdrawn in the meantime, the court shall on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of decree.
And after completing all the procedure of the divorce you have quash the FIR
Thank you
A. F. Faizi

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Comments by Users

Adv SUDHIR SINGH (Delhi)
Ready to divorce between both the parties (spouce) on the basis of mutual consent to draft or agreement deed/MOU through the spouce of under section 13(b)(2) of the HMA Act.

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