Ramesh Talwar (Designation) 30 December 2013

2nd motion waiting period

I Got Married a year back. There was no physical relation between me and my wife as she never allowed me to come close. Within 30 days of marriage my wife left our home and never came back. we tried to get her back but she and her family refused and that too without any reason. In November they filed a dowry complaint against us in a CAW Cell but later they agreed for mutual divorce and demanded 10 Lakh rupees to which we agreed as we want to get rid of these people. now we have paid 2 lakh in CAW Cell after all the paper work and statements and rest of the money will be given in two equal installment at 1st and 2nd motion. We will file for divorce in 1st week of March 2014. My question is can the 2nd motion for divorce be filed after one month of 1st motion or six month is mandatory. Can something be done as the marriage was never consummated?

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4 Replies

Adv. Chandrasekhar (Advocate) 30 December 2013

Between the first and second motion, six months gap is mandatory. But try not to give any more money at the time of first motion and see that the remainning amount be paid only at the time of second motion.

K*I*L*L*E*R (tech) 30 December 2013

Six months after ist motion u can go to court and pry for divorce but can drag it to 18 months after first motion

Adv Archana Deshmukh (Practicing Advocate) 30 December 2013

The six months waiting period is mandatory.

T. Kalaiselvan, Advocate (Advocate) 31 December 2013

If the marriage was not consummated for some reasons namely impotency etc., the same could have been annulled as null and void on a petition filed u/s 12 of the HMA instead of waiting for one year period to be completed after marriage and file a petition under mutual consent and again wait for another six months. If she has agreed to not to oppose the annulment petition, it could have been filed immediately and got through on the basis of settlement of the agreed amount to her on the date of pronouncement of judgment and decree on the petition for annulment of marriage.This petition should be filed within one year from the date of knowledge.