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
Thank you Hemant. But my current lawyer has said that we need to file for 2nd motion on 11th October which is 6 months from the 1st time we filed the divorce petition. My question is will 6 months be calculated from 11th April when we 1st went to court or from 3rd May when the court grated 1st motion. My lawyer says we can go on 11th October. My query was more about getting the 6 months date calculation right.
Asked 7 years ago