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Discussion > Family Law > Divorce > Mutual divorce: 2nd motion   Unanswered Threads Post New Topic

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There are 6 Replies to this message


Vishesh Rawat


Finance Executive
[ Scorecard : 36]
Posted On 02 July 2013 at 11:53 Report Abuse

Mam / Sir,

I filed for Mutual Divorce in delhi in january 15th. on hearing judge passed first motion. now i am supposed to file second motion on july 15th. Actually i have query, can i file my petition little earlier so that hearing date comes on 15th july itself as i have to travel out of country for few days on 17th jully. and can judge extend my case by giving another hearing date. please advice.



Online certification courses in IP, IT and Social Media laws


Helping Hand !


Divorce, Domestic Violence, Maintenance/alimony advisor
[ Scorecard : 5761]
Posted On 02 July 2013 at 12:28 Report Abuse

Dont panic.  You can go out of country in the future too.  First get rid of headache.  if you show urgency to the court, court will further delay the matter. So, stay put.



Vishesh Rawat


Finance Executive
[ Scorecard : 36]
Posted On 02 July 2013 at 12:43 Report Abuse

Sir,

I just wanted to know that do i need to wait till 15th to file the 2nd motion. or can be filed little earlier, like one or two days earlier so that date comes on 15th itself.

Thanking You,



Adv k . mahesh


advocate
[ Scorecard : 5923]
Posted On 02 July 2013 at 12:54 Report Abuse

you cannot file petition to hear the case out of turn in Mutual divorce cases because on extreme cases only court will hear on out of turn matters but in your case if both the parties agree for and submit petition to hear out of turn as your job prospects are to join from 18 july you and your wife has to file and talk to your lawyer 



Adv. Chandrasekhar


Advocate
[ Scorecard : 5064]
Posted On 02 July 2013 at 13:35 Report Abuse

12th July being Friday (13th July is second Saturday and holiday), you move an application on 12th July to list your case for second motion on 15th July (Monday) explaining the reason that why you are moving the application on 12th July instead of 15th July.  the Court will take up the file on 15th July and grant divorce on that day.  The law mandates that between the first and second motion there shall be six months difference,  but it does not prohibit you to move an application to request the court to list it exactly on 180th day.  I am giving this advice without counting the exact days that between 15th Jan. to 15th July are 180 or not.  If they are 180 days, your application will be allowed.



Helping Hand !


Divorce, Domestic Violence, Maintenance/alimony advisor
[ Scorecard : 5761]
Posted On 02 July 2013 at 14:17 Report Abuse

Originally posted by : Vishesh Rawat

Sir,

I just wanted to know that do i need to wait till 15th to file the 2nd motion. or can be filed little earlier, like one or two days earlier so that date comes on 15th itself.

Thanking You,


Court kacheri ka mamla he. Dont panic. Later on you will be at loss.  Get over with this, then go anywhere you want, atleast you will be free in your head.



Chetan Joshi


Advisory/Advocacy
[ Scorecard : 1414]
Posted On 02 July 2013 at 17:46 Report Abuse

You can file an application for pre ponment of date based on your conditions. Six months cooling off period from 1st motion is generally applicable. If your wife has no issues, it should sail through.

 

Also depends a bit on the magistrate you are appearing before

 

Have a peaceful life ahead!!

 

 

Regards

Chetan(dot)7679(at)gmail(dot)com




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