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deepika (student)     02 July 2013

Help is needed--- second motion

I need a honest help and suggestion. There is forced mutual divorce on me by both the families and after first motion 50% of the agreed amount has been taken, but now facing the pressure from my husband and his representative to sign the second motion. But i am not interested in either the payment or divorce to the extent i ready to give back the first amount also. I am victim of torture but still i want to live with him that i am not interested in divorce at all. Kindly guide me what to do next inorder to live with my husband. i am not interested in second motion and how nullify it. What to do next should i go for fresh affidavit on which correct separation time is mentioned earlier is wrongly mentioned one year, actually the is separation of one month.  or should i mentioned in filling new affidavite say thet i donot want divorce. Should i go for RCR or domestic violence. He is not interest in continuing the relationship any further. should i fill the affidavit before it is being filed by the counterpart seeking the divorce. Acording to originigal deed the second motion is overdued by two months. Pls Do help and guide. Its urgent.


 7 Replies


Don't sign on second motion, as simple as that.  Ask the judge to arrange for mediation/counselling session there you tell your story of why you dont want divorce or money.


If you really want to lead life with husband, then do not file DV case or 498a case [dowry case].

victim of faith (self)     02 July 2013

sympathy with u.
Should i go for RCR or domestic violence.    -   not correct way to file any case other than RCR.
Acording to originigal deed the second motion is overdued by two months.     u better consult ur lawyer abt wht happened after its expiry. to me any one of party don't present at given time, then mcd is automatically cancelled.

though frm ur posting i mean tht u don't want divorce, thn  cut it short don't take. u inquire with concerned authority, there u get to knw the procedure of hw to withdraw ur case.

best of luck in ur endavor of reuniting. if u r so serious thn dont waste time.

victim of faith (self)     02 July 2013

but now facing the pressure from my husband and his representative to sign the second motion
He is not interest in continuing the relationship any further

hw do u knw tht ur husband & his parent r not afraid of law
inspite of first motion, u insist to stay with ur hubby. means u must hv full confidence in him. thn first in place hw this was happened. not asking for doubts.
let bygone be bygone. u have to b strong to face and clear any hurdle in ur way.

cheers for begining of new life.

Goutam Prasad (Advocate)     02 July 2013

If you want to live with your husband, you should not sign in second motion instead you may file an application in court for arranging mediatation proceedings.

Please do not try to submit any amended affidavit with modified dates, etc. It will go agaist you as wroung filing of affidavit either earlier or at present. Also, don't try to file any counter cases agaist your husband as the same may provoke him for his adamency on not to live with you.

Just try to get any mediation proceedings through court. Even in mediation please don't try to provoke with each other with past incidences. Instead tell to begin afresh for once.


Goutam Prasad


Arpit lalan (Legal Consultancy/Advocate)     02 July 2013

Please understand firstly that you have already  mentioned seperation as 1 year. Now you cannot change that to 1 month. You will be misrepresenting to the court in that case and you can also be impleaded for the same. Also, if you are interested in living with your Husband, kindly approach the court again for Mediation and do not sign on the second motion as mentioned above. Do that immediately! SINCE YOU ARE ALREADY LATE BY 2 MONTHS.

Chetan Joshi (Advisory/Advocacy)     02 July 2013

Make a wise decision because you are gonna choose to live with someone who is doing all this to you. Things are always fancy in the domain or morality.


To avoid divorce, dont sign second motion.





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