• Mutual consent divorce

Can i ask for more time to decide over divorce after 06 months have elapsed post filing first petition in mutual consent divorce. I have not been able to manage the agreed amount yet and would require another 06 months to manage the same.

I read it online that maximum period to which filing of 2nd motion can be delayed is 18 months.
Asked 8 years ago in Family Law
Religion: Hindu

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16 Answers

Hello,

On the date of second motion you may place an application that due to unavoidable circumstances you are not in a condition to give the amount as agreed upon.

Therefore some extension is required, if your wife does not object to the same then the court will grant you the time.

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Hello,

1) Yes, that's true. You can seek further time from the court citing the reason of your net being able to procure the agreed amount.

2) The petition can remain in the system for a maximum period of 18 months and will get disposed/dismissed of the parties do not take necessary steps.

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

Yes! You can seek more time and be assured, the court will not grant divorce untill the time you give your oral consent/go ahead to the court.

Therefore, if you're unable to give your consent and meanwhile these 18 months elapse, the court will dismiss the petition and you and your husband will have to file it again once all the formalities between you two are completed.

Vibhanshu Srivastava
Advocate, Lucknow
9769 Answers
323 Consultations

1) you can seek adjournment as you have not been able to arrange the funds

2) court would grant your request for adjournment

3)even if you don’t appear court would adjourn the case

Ajay Sethi
Advocate, Mumbai
100042 Answers
8167 Consultations

Yes, maximum time period limitation between the 1st motion and 2nd motion is 18 months from the 1st motion. So by this rule you have 12 months extra in which you can arrange the agreed amount.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

Yes,you can very well drag the case to another one year provided your wife is also agreeable to this.

18 months is calculated form the date of filing.

Devajyoti Barman
Advocate, Kolkata
23662 Answers
538 Consultations

Hi, yes you can ask court to extent the mediation period.. If court is satisfied with the reason it may in its discretion extend the period for 2nd motion

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

The court can be requested to adjourn the matter by another 6 months to decide about the confirmation to the dissolution of marriage on the grounds of mutual consent.

T Kalaiselvan
Advocate, Vellore
90245 Answers
2509 Consultations

1) keep your cool

2)your second motion is in April 2018

3) you need your wife presence at time of second motion

4) do not file any defamation case against wife at present as it would aggravate the issue

Ajay Sethi
Advocate, Mumbai
100042 Answers
8167 Consultations

Please concentrate on the fact that you have to take divorce from your wife.

Do not do nay such act at this time that she refrains herself from coming during the second motion.

Moreover, these are just rumors which have to be handled by you at this point of time.

Take action against the wife once the divorce is granted by the court.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

She is defaming you and thus, causing a dent to your public image. You have the option either to lodge a FIR against her or to file a suit for defamation.

However, taking any action against her at the present moment is not advisable, for she may withdraw her consent or mutual divorce, and in the said case, you will have to contest a divorce against her.

Please resolve this amicably, that is the wisest approach to tackle this.

Vibhanshu Srivastava
Advocate, Lucknow
9769 Answers
323 Consultations

I would not advise you to do any thing that will harm her legally, obviously they being your friend, it will effect your case too.

If that is the case then they can file a case against them saying that the false allegations by her are defamatory in nature and also you will have to give some prove that it is she who has been spreading rumours.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

This is a good idea. Yes, in case your friend and her wife are ready to pursue this case against your wife, this will be an indirect way to put an end to this menace which is being spread by your wife.

Your friend and her wife can initially send a legal notice to your wife, calling upon her to forthwith restrain from doing this.

Vibhanshu Srivastava
Advocate, Lucknow
9769 Answers
323 Consultations

Your friend and his wife can file complaint of criminal defamation against your wife

2) it would not be linked to your pending divorce case

Ajay Sethi
Advocate, Mumbai
100042 Answers
8167 Consultations

What are my options? I am really troubled because of this act of my wife and have lost my peace of mind and being unable to discharge my duties properly. Need help.

Without any evidence for her utterances, you cannot initiate any legal action, including a defamation criminal complaint against her on this.

Your mental disturbances cannot draw sympathy of court to punish her for such imputations, you must prove before court the incidences with valid documentary proof or any other witness.

The latest supreme court judgment on waiving of six months cooling off period may be of some use to you for filing an affidavit jointly before court on any convenient day to advance the hearing and to seek waiving off the cooling off period,after which the case can be disposed expeditiously so that you can get away from her permanently at the earliest and avoid her such rumors.

Talk to your advocate on this.

T Kalaiselvan
Advocate, Vellore
90245 Answers
2509 Consultations

Sir is it possible that my friend and his wife file a case for defamation against her? Will that be linked to my pending divorce case ? Would it be advisable?

They can initiate action provided they have proof for this incidence.

Also please note that i doubt any of the colleagues would act as witnessess as they would like to keep them away from getting involved the divorce case.

Without any evidence or witness, you cannot prove such sensitive cases.

Her audacity is also leading to trouble with my friend and his wife. They are also in a lot of mental trauma.

They have to look for some way to stop this either legally or otherwise.

T Kalaiselvan
Advocate, Vellore
90245 Answers
2509 Consultations

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