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Filed for mutual divorce but want to extend the cooling off period


19-Oct-2023 (In Divorce Law)
I am a Hindu woman and my husband and I have filed for divorce through mutual consent. I need to extend it from 6 months as I am still not prepared for it. The grounds were infidelity by me. The reason was that my husband never considered me capable and found faults all the time. Plz advise how to extend the period so that I can convince my husband to give me a chance. I have a 7 years old son.
Answers (3)

Answer #1
955 votes
For divorce by mutual consent, consent of both husband & wife to take divorce should be absolute, while recording First & Second motion, and in the event either of Husband or Wife is not willing for divorce, at any stage before recording joint statement for second motion, Divorce can not be granted. Second motion can be kept pending till 18 months from day of recording first motion. SO you may seek more time on the day of recording second motion and in alternate also request the judge that your case be sent for mediation as for the sake of your son, you want to give one more chance to your marriage.
Advocate Vivek Nasa

Adv. Vivek Nasa

LawRato Gurgaon / Gurugram | 5+ Answers
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Answer #2
872 votes
Dear client,
you can state the reason for extension of time to the hon'ble court and demand more time to rethink. Court will definitely grant you more time.
If court refuse, which seems almost impossible, to provide further time, you can also refuse to record your statement.

For further information you can call/ meet me.
Regards
Advocate Suneel Moudgil

Adv. Suneel Moudgil

LawRatoPanipat | 5+ Answers
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Answer #3
654 votes
Hi,
file petition for 2nd motion as when u will get prepared for that even after 6 months but before 18 months


Thanks & regards
Advocate Puneet Sharma

Adv. Puneet Sharma

LawRatoFaridabad | 25+ Answers
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