• Mutual Consent Divorce - When can one apply for 2nd motion

Hi ! I filed for mutual consent divorce on 11th April 2017. The court granted 1st motion on 3rd May, 2017. the order states that "decree of divorce cannot be granted to the parties at this stage specially keeping in view the specific provision of section 13-B(2) of the act which provides for minimum period of 6 months from the date of presentation of their 1st motion u/s 13-B(1) of th east"

now my question is does this mean that we can apply for 2nd motion on 11th Oct as the petition for divorce was filed on 11th April (April - Oct is 6 months)
Asked 7 years ago in Family Law
Religion: Hindu

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9 Answers

Sir, you don't have to apply for the 2nd motion .. The provision for granting 6 months period is for the purposes , to give husband and wife a period of 6 months to decide and be sure of getting divorce.. So far on the 2nd motion ( that is after 6 months ) the parties do not want to reunite , the court grants a mutual divorce decree

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

1) period of 6 months would be counted from date of first motion

2)under sub-section (2) of Section 13B of the said Act as the second motion has to be presented not earlier than six (6) months after the date of presentation of the petition referred to in sub-section (1)

3)the matrimonial court or the High Court has no power to waive the minimum period of six (6) months required to elapse between the first motion and the second motion

4)second motion can be applied for in November

Ajay Sethi
Advocate, Mumbai
96808 Answers
7811 Consultations

Sir,there is no such filing that is required for the 2nd motion.. You have to appear on the date , that has been given by court on the 1st motion( 3rd may)..the court gives a date to appear after the first motion is completed ..it will be calculated from 3rd may

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

6 month is calculated from the 03rd May.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

The finalmotion for mtual dovorce will be held not earlier than 12.10.2017.

So you will have to wait minimum for a period of six months.

Devajyoti Barman
Advocate, Kolkata
23198 Answers
511 Consultations

1. The second motion has to be not earlier than 3rd November 2017.

2. You can file the second motion on 11th October, but it cannot be conducted earlier than 3rd November.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

6 months will be reckoned from 3rd May 2017.

Though you may present the motion on 11 Oct 2017 but it will not be considered and granted before 11 Nv. 17

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

The case was taken on file on 03 May, hence 6 months period will be calculated from that date only.

Moreover you do not have to apply once again for second motion, it is automatic.

The court would have intimated about the next date of hearing, you can get the information through ecourts too.

T Kalaiselvan
Advocate, Vellore
87009 Answers
2335 Consultations

Your lawyer is not updating his knowledge.

You do not have to file application for second motion, such thing is unheard in law.

You may verify the next date of hearing from court diary itself or through ecourt website.

T Kalaiselvan
Advocate, Vellore
87009 Answers
2335 Consultations

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