harish (manager) 24 April 2015

Second motion - divorce

dear all

my first motion is been done in court 6months back.

second is pending and i don't want to give to divorce ,my lawyer told me that u can extend the period of second motion till 18 months. my wife is adamant and she wants divorce. i was been called in caw cell and my wife has given written application that i am not cooperating for second motion and she want legal action to be taken.

i am a little worried as i/o told me that the we are sending the file to dcp and it will be the last thing after that FIR will be launched.

how can i avoid FIR and want to kill some time ,have to go to dcp's office next week.

50% of decided amount is paid on first motion and the rest is pending.

i will divorce her but honestly speaking i want to save rest of money

regards

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3 Replies

Srinivasan (IT) 24 April 2015

Dont Pay a single paise of money to your adamant wife because if you are not cooperating for second motion no law in our country will not touch you for mutual consent.

Check weather your wife's has any solid proofs of cruelty.

Have you both made any settlement terms before signing MCD?

You tell that I am not interested in divorce and make a petetion for cancellation of MCD.

After some time your wife will come for MCD without any money then sign MCD after withdrawing all the cases.

saravanan s (legal advisor) 24 April 2015

its upto your wish to cooperate in the second motion for getting mcd .your lawyer is right in telling that you can push second motion till 18 months.to my knowledge your wife cant file any case on you for pushing the second motion .whats your lawyer telling to this

another thing is that if you dont withdraw the petition till the eighteen month then divorce would be granted by the court after hearing both the parties and ascertaining the truth in the alleged facts.if anyone of you withdraw the petition before the eighteen month the case would be dismissed

Adv. Chandrasekhar (Advocate) 25 April 2015

If you want to renege from your promise, settlement reached between you that you pay certain amount in two instalments - first half in first motion and the rest in second motion - it amounts to contempt of court. She can file contempt of court. Further, if the wife agreed on the basis of your assurance that she would not be persuing Section 498-A case / Domestic violence case, she is entitled to persue the same. If you are really in financial hardship, you can ask the authorities before whom she approaches, seeking time to pay the remaining amount and seek sometime. But if you are imbubed with malafide intentions of cheating the wife, you have got hard days waiting for you and if she has acumen and adroit advocate at her back, then, no more I have to say.