• I have filed second motion for 13b

Hi ,
I have filled second motion of 13 B and gave presence in front of judge .5 months back we filled MCD .so I have few questions.
1. Now is it the final thing or still she can step back from mutual divorce or conditions written in that ?
2. How can I apply for certified copy of divorce for the same or how many days it will take as I have filled second motion on 30 may .when can I apply for certified copy of divorce.
3. can I apply independently for divorce copy or I need lawyer help as my laywer was from different location so can I ask some local laywer for that .or it will be costlier to me?
Asked 2 years ago in Family Law
Religion: Hindu

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10 Answers

Wife is at liberty to withdraw her consent if she does not want divorce

2) in case she withdraws her consent MCD would be dismissed

3) you would get certified copy of divorce decree in 3 months time as it takes time to draw up divorce decree

4) you don’t need Lawyer to apply for certified copy of divorce decree

Ajay Sethi
Advocate, Mumbai
79207 Answers
4742 Consultations

5.0 on 5.0

hello,

people can step back from mutual divorce, and there are a lot of instances wherein I have seen these things happen. contact your lawyer he will provide you with a copy. you can apply for the copy independently, nothing costly. another lawyer can do that.

regards

Rahul Mishra
Advocate, Lucknow
11560 Answers
20 Consultations

5.0 on 5.0

Anytime before the divorce has been granted, she is free to withdraw her consent. If she does not appears, the court will keep the case pending.

You can apply for the certified copy after the decree of divorce has been drawn by the court and any advocate can do it. You can even do it yourself by filling up the requisite form and payment of adequate fee.

Siddharth Jain
Advocate, New Delhi
5612 Answers
65 Consultations

5.0 on 5.0

Hello,

1. She can step back unless there is a final judgement .

2 . You can obtain the same immediately after the passing of final decree.

3. You can do the same but it would be convinient for you to hire a local lawyer.

Hope this helps.

Regards

Swarupananda Neogi
Advocate, Kolkata
2903 Answers
6 Consultations

4.7 on 5.0

1. Wife can withdraw the consent anytime before the Decree of divorce is passed. Further in case if both of you have recorded your consent in second motion then it is most unlikely that wife shall now file any application to withdraw consent as after second motion the court shall pass the decree.

2 Once the order and decree is passed by court you can give an application for the certified copy of same. it will be given to you in 5-6 days.

3. No you make a simple application by yourself before court registry on payment of requisite fee(minimal fee) you shall get the certified copy of order.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
111 Consultations

5.0 on 5.0

It will be difficult to file as it needs to fill some form and then have to file on certain place. You can contact me as I am gurgaon based advocate. I will help you out.

Akash Gupta
Advocate, Gurgaon
66 Answers
2 Consultations

4.8 on 5.0

Have court recorded the statement on last date ?

1. Now is it the final thing or still she can step back from mutual divorce or conditions written in that ? --- Yes, is no statement recorded by court of both or before passing decree.

2. How can I apply for certified copy of divorce for the same or how many days it will take as I have filled second motion on 30 may .when can I apply for certified copy of divorce. --- After court ordered. You will get form in court premises to apply for certify copy of order. check in court office if order delivered.

3. can I apply independently for divorce copy or I need lawyer help as my laywer was from different location so can I ask some local laywer for that .or it will be costlier to me? -- Local lawyer will get the copy or you can apply

Yogendra Singh Rajawat
Advocate, Jaipur
21402 Answers
31 Consultations

4.4 on 5.0

1. If the court has recorded confirmation about the decision for mutual consent in the second motion from the parties to the case, then that shall be final and there is nothing that she can do about it once the divorce decree or judgment is passed.

2. You can either contact your advocate to obtain the certified copy of the decree or you can file a copy application as party in person directly and can get it.

3. Since you are a party to the case you can directly apply for certified copy without the help of any lawyer.

T Kalaiselvan
Advocate, Vellore
69242 Answers
929 Consultations

5.0 on 5.0

Hello sir , you can apply certified copy with the help of a lawyer by yourself ... You can contact me at my office in Gurgaon, for obtaining court order...

Hemant Chaudhary
Advocate, Gurgaon
4595 Answers
41 Consultations

4.9 on 5.0

U can hire any lawyer anywhere n second thing u can apply directly for certified documents.

Satsheel Sheokand
Advocate, Gurgaon
20 Answers
1 Consultation

4.1 on 5.0

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