Second motion

This query is : Resolved 
 



Guest (Querist)
23 October 2012

How does court decide when would six months for second motion will be complete?Does it take each month as of 30 days and decide it atleast after 30 multiplied by 6 =180 days of first motion or by any other way?


V R SHROFF (Expert)
23 October 2012

Month is defined as calender month. OK

if you apply on say 10th day of month X
2nd motion will be on or after 11th of "X+6" th day

be more clear, Say you filed 13B divorce on 13th Feb, IInd motion of 14th Aug or thereafter. it is not 180 days . if fall on Sunday / holiday, the next day thereafter.

Devajyoti Barman (Expert)
23 October 2012

Six month means six clear months , not 180 days.



Guest (Querist)
23 October 2012

@Mr. DevJyoti
If the date of first motion was on 5th May,2012, what will be the date of sec. motion acc. to you? 5th Nov,2012 / after it?



Guest (Querist)
23 October 2012

Are all state courts following same procedure wrt it?

Advocate Suneel Moudgil (Expert)
24 October 2012

6 nov. or thereafter, if date of first motion was 5 may

JANAK RAJ VATSA (Expert)
24 October 2012

on 6 nov or thereafter

R.K Nanda (Expert)
24 October 2012

on 5/11/12 or after it.



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