Won't sign for 2nd motion of mutual divorce as want contested divorce


I am a Hindu man got married in 2015 but not live together for a single day, after completion of one year we filed joint petition for divorce but I don't want to sign second motion and want to go for contested divorce. What cases she can file against me. And for how long can I drag the case.

Answers (4)


345 votes

Sir you can very well widraw your consent from the second motion there is no offence in that she can only send you notice through here lawyer to perform your part of duty. But in hindu law you can very well widraw your consent before second motion send a notice to her


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243 votes

Sir she can file domestic violence, 408 A, maintenance cases against you and you can drag it but you have to reveal that why you don't want to sign second motion petition and what will be your defence in this.

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93 votes

It's your choice if you don't wants to go for second motion and wants to contest divorce case..Your wife can ask for simple maintenance, or can file Domestic Violence wherein she can ask for compensation, maintenance & residence rights..
She also can file a criminal case regarding cruelty, dowry demand and criminal breach of trust. and finally she can file divorce case.

62 votes

See if as per your query you want a divorce from her, now you want to file a contested case of divorce, it will be better if you go for it.

She can file a case for maintenance under 125 crpc, Complaint in CAW cell, Domestic violence case

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