• What to do if wife refused for second motion?

Wife is refusing for second motion. She has already signed MOS and taken all gift articles and Istridhan without money consideration as she is working lady and an independent (mentioned in MOS). What to do now to take divorce as soon as possible?? We both applied for second motion for 3 times but on 4th time, she just changed her mind and refusing for second motion. She was in adultry too and we have CCTV footage of hotel and court order for procuring CCTV footage. She felt guilt conscious at that time and agreed for mutual divorce. Now my questions are following
1- Can she ask for Alimony amount despite of being an independent and working lady?
2- How much time it will take if we go for contested divorve or by any otherway?
3- Can I bound her to go with second motion?
4- Can I file a suit of breach of agreement? it is clearly mentioned in first motion that both party will go for second motion after expiry of six months.
5- Can I obtain divorce on both grounds Cruelty and Adultry?
Asked 2 years ago in Family Law
Religion: Hindu

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15 Answers

1. If you will seek divorce on ground of adultery and cruelty then she can not claim alimony.

2. 1.5-2 years.

3. You can not bound or force her to come for second motion.

4. You can not sue her for breach of the same.

5. Yes as advised above, basically the divorce will be sought on the ground of cruelity saying that the adultery committed amounts to mental cruelty.


Anilesh Tewari
Advocate, New Delhi
17850 Answers
315 Consultations

5.0 on 5.0

Backing out of mutual divorce is cruelty as stated by court

Aveek Bose
Advocate, Kolkata
1221 Answers
9 Consultations

4.7 on 5.0

If she not giving her consent, this divorce is not possible with mutual consent of the parties.

File a fresh divorce petition and contest the same against your wife on the ground of mental cruelty and adultery.

Contested divorce can take 2-3 years.

No you cannot compel her to give her consent in the 2nd motion.

No you cannot file a suit for breach of contract against her.

File a fresh divorce petition and contest the same against your wife as already suggested.

Vibhanshu Srivastava
Advocate, New Delhi
9132 Answers
181 Consultations

5.0 on 5.0

1) if there is substantial differences in your income wife would be awarded alimony

2) your wife is at liberty to withdraw her consent

3) you cannot force her to attend court

4) file for divorce on grounds of mental cruelty and adultery

5) contested divorce proceedings take 5 years to be disposed of

Ajay Sethi
Advocate, Mumbai
79718 Answers
4806 Consultations

5.0 on 5.0

Hi, no breach of contract can be filed if she has refused on the second motion.. It is advisable to file contested divorce petition on the grounds of adultery.. A woman under adultery cannot cla maintanace from her husband .. Also register a FIR against her freind under the charges of adultery.. If you are having CCTV footage it can be easily registered

Hemant Chaudhary
Advocate, Gurgaon
4599 Answers
42 Consultations

4.9 on 5.0

If you have proof of adultery you need not to pay anything.

Junaid Ali Khan
Advocate, New Delhi
173 Answers
1 Consultation

4.7 on 5.0

1) When wife is earning- If the husband has very high income and a respected financial status then the wife is entitled to alimony.

2)a Contested Divorce Petition is listed for hearing within 7-10 days from the date of filing, however, it may take few or more days to get listed subject to the workload of the Court which is to hear the Divorce case.

3) In a Divorce by mutual consent, both the parties have the freedom to withdraw their consent as the consent cannot be taken by coercion.

Mohammed Mujeeb
Advocate, Hyderabad
18986 Answers
13 Consultations

4.5 on 5.0

1. Yes, but the quantum depends on her earning capacity as well as yours. If she earns enough or substantially more than you, you may not be liable to pay alimony.

2. Take an average of 2 years.

3. No. However, the MoU may be used against her in divorce proceedings.

4. Yes, you may but that will result in further litigation. If you have adequate grounds for divorce, it is advised you proceed just with that.

5. Yes. Although it will not be adultery specifically, since as per the existing law, a woman cannot be convicted for adultery.

Shekhar Banerjee
Advocate, Delhi
156 Answers
1 Consultation

5.0 on 5.0

1. She can ask for alimony, but a number of High Courts have ruled that adultery is unchaste behaviour and disentitles her to the relief of alimony and maintenance as per Section 25(3) of the Hindu Marriage Act. (Here’s a recent judgement of the Calcutta High Court: http://judis.nic.in/Judis_Kolkata/All/list_new2_v1.asp?Jud_Pdf_Name=FMA_322_2016_31072018_J_87_273.pdf&Court_Id=2)

You will first need to obtain a decree of divorce based on her alleged adulterous lifestyle. Suffice it to say you will need a competent lawyer to make and present your case.

2. It could take quite a while that can drag on for years together. I would not want to put a number on this torturous tedium.

3. No, you cannot force her.

4. An MOU or Settlement Deed notwithstanding, no party to a marriage can be compelled to lend his or her assent to a mutual-consent divorce. Was there a settlement to this effect pursuant to the orders of a Court? Because in that case she would be guilty of contempt of court.

5. You can indeed proceed on both those grounds. The fact that she has backed out of the mutual-consent divorce with a view to harassing you also constitutes mental harassment.

Pulkit Chandna
Advocate, New Delhi
189 Answers
3 Consultations

4.9 on 5.0

Dear Client,

If she refuse, file contempt.

Working women not entitle to alimony.

2 years at least

Through contempt application

No possible

If adultery proved, divorce will grant in few months and no maintenance.

Yogendra Singh Rajawat
Advocate, Jaipur
21407 Answers
31 Consultations

4.4 on 5.0

1. if you fail to prove her employment and income then the court would grant maintenance to her.

2. There is no time limit . it should be though no less than 5 years.

3. No, if she refuses to attend on second motion you could do nothing.

4. This is not agreement and hence no such case will lie.

5. Yes , if you could manage to prove the allegations.

Devajyoti Barman
Advocate, Kolkata
21787 Answers
318 Consultations

5.0 on 5.0

1. You can refuse or reject hr claim for alimony on the basis of your employment status, provided you prove the same with substantial evidence.

2. The contested divorce may take at least two to three years for disposal on its own way.

3. You canot force about this if she is unwilling to give consent during the second motion.

4. No, it is not maintainable, because there is no agreement at all in this.

5. For adultery you must prove it with documentary evidence and implead the adulterer s second respondent.

T Kalaiselvan
Advocate, Vellore
69749 Answers
950 Consultations

5.0 on 5.0

Firslty, as you have stated that she has refused for the second motion where you can’t force her for sure.

Secondly, it may take two to three years depending upon the evidences that she would be coming.

Thirdly, you should file it on the ground of adultery as you have all the proofs where you won’t be asked by the court to pay alimony as she is at fault not you.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

1.) If you can prove the offence of adultery then there is no need to pay the alimony.

2.) It will take 3-4 years if all the things will be in our favour.

3.) No you cannot bound her, because as the name explain it is the mutual consent divorce anyone can withdraw his/her consent at any point of time before the decree.

4.) Yes you can file the suit for breach of contract or specific performance of contract.

5.) Yes if you have sufficient evidences you can get the divorce on these grounds.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

Dear sir,

1. She can't claim maintenance from you, if she have enough sources of income and she is able to maintain herself

2. No specified time limit is there for a contested divorce but it is a more time consuming process than that of mutual divorce

3 & 4. You can bound her to go with second motion and if she is refusing for second motion, you can file a contempt case

5. You can obtain divorce on either cruelty or adultery or on both grounds but in order to opt adultery as a ground for divorce, you shouldn't have any intercourse with your wife since the time you came to know about the adultery. On the other hand, if you had an intercourse with her after getting aware of here illicit relations, it is deemed that you have waived off your right to opt adultery as a ground for divorce

Gopal Bansal
Advocate, Delhi
3 Answers

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