What to do if husband not filing for second petition in mutual divorce

634 votes

For filing second motion in a mutual divorce case, you have a time pd. of 18months. That means that you still have 9 months to convince your husband to proceed with the mutual divorce. However, in the absence of the same, neither you nor the Court can compel him to do so and pass a decree of divorce. Your other option would be to withdraw this petition and file a petition under different grounds as enumerated under Section 13(1) of the Hindu Marriage Act.
According to the age old Smritis and all old schools of Hindu law such as Dayabhaga, Mitakshara etc., Streedhan includes gifts made to a woman before the nuptial fire, gifts made to a woman at the bridal procession, gifts made in token of love by father-in-law, mother-in-law and gifts made by father, mother and brother, irrespective of whether she is a maiden, married woman or widow.

Advocate Mishika Singh LawRato

574 votes

As your husband is not abiding the terms and conditions you can file an application in concerned court for not abiding court order . Also if in the petition its written the 2nd motion will b filed by other party then the terms are broken by them so file the applicatio n against them

Advocate Meenakshi Aggarwal LawRato

673 votes

Since its a mutual consent divorce petition, both the parties need to file second motion petition jointly. It must have been agreed by both the parties as to under what terms and conditions the parties are getting divorced, so please check the settlement as per which the husband has to return back your streedhan or your belongings which you must have brought at the time of marriage. Streedhan means the belongings or jewellery which the girl brings when she enters the matrimonial home with her husband, it does not include the gifts for the in-laws.

Advocate Manisha Ambwani LawRato