Yes mother can sign the petition and can receive the alimony at time of second motion. See your mother can withdraw her consent before second motion if her alimony amount is not settled, your father cannot get a divorce without her consent in mutual consent divorce.

SO your mother and father can make a mutual divorce agreement wherein they can specifically mention about payment of alimony and transfer of house, there wont be any issue the court seek consent at second motion also if she is not present or doesn't give her consent the divorce is not granted so don't worry and can go ahead and sign.Just keep in mind to make an proper mutual consent divorce agreement or MOU which specifically mention the amount and payment term.

Further make sure that your mother receive the amount before or at time of second motion

There is no harm in taking the money at the time of recording the statement at second motion of divorce. Please take the money in court and then make the statement or tell him to handover the draft to the judge, make the statement and then take the draft. Normally, this is how divorce happens. Very few people give money before divorce.

Dear Client,

Under MCD, after filling petition, courts gives 6 months date for reconciliation and if petition not withdrew, orders divorce. so no issues, before order passed, receive the alimony and if not than withdraw divorce. No big deal.

NO

No divorce cannot be granted under any circumstances if your mother refuse to sign.

Please note one you sign petition and once order is passed you cannot do anything to recover the money as such ask him to first make part payment on first motion that Is while presenting petition and other half amount.Before second motion. So that if he refuses your mother can withdraw from the MCD. Without your mother consent court cannot.grant divorce and.court will verify the identity as such he cannot mislead court. Also ask your father to settle the home too in your mother name.

Ask father to pay 30per cent money at time of filing of divorce petition

2) balance 70 per cent amount should be paid at time of second motion and before passing of divorce decree by court

3) if father refuses to pay your mother can withdraw her consent for divorce by mutual consent

If your mother with draws her consent petition for divorce by mutual consent would be dismissed

No without mothers consent the divorce cannot be granted. Her presence and consent before the court is mandatory.

Court has to record her presence the father cannot mislead court on this.

Settlement of alimony amount in the mutual consent divorce always depends again on mutual trust on each other.

Since the breach of trust has resulted to this separation, at this stage, no doubt, both may not trust each other, i.e., the husband may think that after taking the alimony amount she may not turn up for second motion to confirm divorce decision before court, the wife may think that after getting the divorce in the second motion the husband may cheat her nbby not giving her any money.

The simple solution for this is that the husband can settle half the amount at the first motion and may make an arrangement for the balance settlement at the time of second motion.

Your mother may agree to fifty percent settlement at the time of signing the first motion.and obtain an assurance for settlement of balance amount at the alter stage.

She may also give an undertaking that she will oblige by presenting herself before the court during the second motion to confirm the divorce decision or else to return the amount already received.

afetr signing the first petition and after the 6 months time if my mother doesnt sign the second motion or wthout the consent of my mother can the divorce be granted.or s there any way by which my father get a divorce by misleading the court???

If your mother is not consenting or if she withdraws her const at the time of second motion, then the court will dismiss the divorce case.

In that case he may file a contested divorce on the grounds of cruelty.

1) Let court decide the order of divorce and alimony , so simultaneously the money will be transferred in the court and after that court will pass decree of divorce.

2) Don't go for Mutual Consent Divorce.