What if Husband denies to sign(or appear) on Second Motion?


Hello Sir, (I am a Hindu) I and my husband filed the Mutual consent divorce and signed on settlement deed. I have fulfilled all the conditions mentioned in the settlement deed (including withdrawal of DV and maintenance case) and both (me and husband) signed the first motion. But now I have been informed by someone from his side, that neither he nor any of his family member will appear on second motion to sign. He just wants to linger it on and doesn't want to free me from his clutches. In the settlement deed it was also mentioned that he would pay me the remaining amount at the time of second motion. So, now I have two questions - 1) Will the court grant me Divorce even if no one from his side turns up to sign on the second motion? 2) What about the remaining money that he is supposed to pay me that was there as a condition in our settlement deed..?

Answers (3)


76 votes

if your husband refuses to sign on the second motion you will not able to get divorce under section 13-B but you can ask court for reopening of the case provided what statement you have given in lok adalat or the time of settlement


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172 votes

Firstly court can not grant divorce if he denies to suffer statement in second motion, u have remedy to reopen ur earlier cases from the stage where that were closed by showing ur settlement deed before court.

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134 votes

Hello
When you file divorce under sec 13 b hma .u will get divorce only when both parties appear on second motion otherwise court can not grant divorce simply on basis of first motion.it is precondition that both have to appear on second statment .

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