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Abhey (NA)     28 November 2017

Second motion: divorce by mututal consent

Dear Experts,

I want to solicit your guidance with respect to my situation explained below.

Me and my wife got separated in Apr 2016 and subsequently decided to apply for a divorce by mutual consent in June 2017 at Tis Hazari Courts, New Delhi. Our statements got recorded in Aug 2017. Alimony clause is already settled and we do not have a child.

Recently my wife has approached a common friend inquiring chances of reconcilation, however I am determined to end this chapter and forward. I fear that my wife might create issues at the time of signing the second motion (due in Feb 2018).

What are the options available for me in case the above situation arise? I have already suffered a lot mentally and financially.

Regards,



Learning

 4 Replies

Vijay Raj Mahajan (Advocate)     28 November 2017

Why you wait for second motion to be done in the month of Feb. 2018, move application for condonation of 6 months waiting period in the Family Court and get the second motion done now only. The application for condonation of 6 months period can be allowed by the Presiding Officer of the Family Court if you have sufficient ground for the same, like getting married at earliest or moving out of country for long period of time. A compromise between both parties for divorce must be there so place that also with the application. This application can be made along with petition for second motion.The Supreme Court judgement in this regard I had uploaded here in this forum:

https://www.lawyersclubindia.com/share_files/Supreme-Court-allowed-waiving-of-6-months-period-in-MCD-9592.asp

Abhey (NA)     28 November 2017

Thank you for replying. I had thought about condonation however not proceeding with the same because my wife possesses a very wavering mindset. I am not sure how will she react to this option as a result of which I am playing a little safe and waiting for 6 months period to pass.

My biggest worry is that what if she refuses to sign the final statement or doesn't even show up on the prescribed date? Would that mean I will be left in lurch and on mercy of hers?

Vijay Raj Mahajan (Advocate)     28 November 2017

In Delhi the divorce by mutual consent is done in two motions and for each motion a fresh petition is jointly presented by both parties. If your wife is not coming forward for presenting petition for second motion in the month of Feb. 2018 than you can still wait for another year as you get 18 months period for filling petition for second motion, she may come forward at that time and agree for second motion.

 


(Guest)

If you paid money already and she did not appear on second motion, then your money is gone.  You have only option to file regular divorce petition in family court at tis hasari.  Trying to claim money is futile exercise, but eveyrthing depends on your lawyers approach towards the case.


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