Possibility of filing contested divorce

If  the second motion is not moved after 6m but within the completion of 18m the court will dismiss the petition. If you have grounds for contested divorce you can file it.

Yes .. Advocate Archana correctly explained

In that case MCD petition will fall. It can not be converted into contested divorce. The latter has to be filed afresh

Dear Madam,

Thanks for your reply. Can you let me know what is meant by second motion? Some documents/petition is again signed by both the parties and presented to court or what? 

Yes - she can withdraw if she not willing to divorce you.

MCD consists of two motions- first and second. The minimum time gap between two motions cannot be less than 6 months. In the event of her withdrawing her consent before the second motion, MCD cannot be granted. You shall then have to file for contested divorce on the ground available under the Hindu Marriage Act.

Ashish Davessar

Advocate

Supreme Court of India

Punjab and Haryana High Court

Originally posted by : kush
	Dear Madam, Thanks for your reply. Can you let me know what is meant by second motion? Some documents/petition is again signed by both the parties and presented to court or what?

Yes, in 2nd motion both parties appear in person b4 the court. Judge asks that if they stil want divorce or chances of patch up are there. If parties insist on divorce, then their statements are recorded in court n MCD decree is passed