1. See the hon'ble court in second motion shall ask your consent for divorce if deny same and ask for counselling the court may grant more time for counselling. You may contend that you want this marriage to work.
Second Motion
I have attended a cheque bounce case and 1st motion for Mutual consent divorce, 1. Cheque bounce was in a proper court setup where I was asked If I wanna go ahead with the case. 2. First motion in Mutual consent Divorce, I got into a cabin kinda place where a women got my signature and they said that I can come after 6 months, Will the second motion be like that of Cheque Bounce or First motion. I have attended counselling and had requested my wife also to attend with me, I thought during the first motion the court would ask and then may be suggest for counselling. That never happened. Will the second Motion have any such chances. Will court ask us to take counselling if I say I am not interested in a divorce? What should I be doing. My Wife Dad is a senior lawyer and I neither want to get into a situation where it seems they are forced into this.
Asked 5 years ago in Family Law
Religion: Hindu
14 Answers
In the second motion also there is counselling
you can withdraw your consent at time of second motion
file affidavit to that effect
If you have agreed for mutual consent divorce then you need not have to be worried about the second motion.
In the current situation the parties are not permitted to appear before court in person for hearing.
The advocate will file the affidavit signed by the parties before court after which the court will proceed to dispose the case ad per provisions of law.
- The maximum period to file for a second motion is 18 months from the date of presentation of the First Motion/divorce petition in the family court.
- Further , without a second motion , the parties cannot get divorce legally on the ground of mutual divorce.
- Further, the counselling is not mandatory at the time of second motion, if already the parties appear before the court for giving their statement.
- Further, both the parties can refuse to proceed further for second motion legally, and appearance is not mandatory if second motion joint petition has not filed.
- Hence, you can refuse for divorce legally.
Court gave you this 6 months time for counseling only.
If the signs of second motion are done than you are divorced.
Yes second motion will be same as first motion
Please be specific and express your requirements. After examining the facts we may guide you as per precedence and provisions of law.
Second motion there will be one more counselling and then next date for divorce order. If you don't want to give her divorce you can disagree the same. In mutual divorce it's always decided first
In divorce case the second motion will be the termination of your marriage after going through relevant documents.
In mutual divorce case proceedings are different than any other cases. So don't mis up your other cases with this one.
If none of you interested in rapprochement then refuse for further mediation.
In mutual divorce nothing is forcefully imposed.
Get the case stand in the court for hearing, if opposite party is not appear for 3-4 hearings then get Exparte order.
Un a mutual consent divorce case the court doesn't ask you about your wishes as you have already decided to separate. In the second motion they may ask you once but counselling can only be done at this stage when the parties ask for it.
Otherwise the court will pass an order after 6 months.
Dear Sir,
The cheque bounce matter is totally different than that of divorce case. In the second motion of divorce case, the petition and affidavit will be filed before the court and the court will hear you in the court and no more counselling etc. will be done.
According to procedure, after consent terms are verified, the couple goes through counselling before the court grants a mutual divorce decree.
any time any one can withdraw from mutual consent and also in second motion.
Second motion will be like statement of first motion but you can raise objection if you don't want divorce or refuse to give statement of second motion and ask court to order for more mediation sessions before statement of second motion.
