if you dont attend court petition for divorce by mutual consent would be dismissed by court
2) you are at liberty to change your lawyer
3) on next date appear and state that you want to with draw your consent for divorce as you want reconcilation
Skipped 2nd motion mutual divorce by husband
Me and my wife filed mutual divorce and attended 1st hearing in Nov-2022 and court gave 2nd hearing date for 3rd April which i have not attended due to intention to reconcile but my didn't agreed. We have hired common lawyer and asked him to file memo for withdrawal of my acceptance.But he didnt filed as support to my wife. Is there any other option to withdraw my mutual acceptance without my lawyer? Does my lawyer can cause any harm to my case or future cases for non attendance of 2nd motion?
Asked 2 years ago in Family Law
Religion: Hindu
11 Answers
No. If there is no 2nd motion you wud not get decree for divorce.
You can engages a new advocate and file your affidavit withdrawing your consent
recently I have shifted to USA on H1B and cannot attend.If i skip the upcoming motions,will it affect my future divorce case which will be filed by my wife?if she not interested to reconcile.
Asked 2 years ago
Make sure that your present advocate doesn’t file any adverse document on your behalf. I will advise you to engage a new advocate and withdraw the consent simply.
the same will have no adversity if later a case is filed by wife
you can execute POA in favour of family member to attend hearing of divorce case
2) it would not affect future divorce case to be filed by wife
Confirmation to mutual consent divorce is individual decision. You can very well decide not to agree for divorce during the second motion or at next date of hearing by filing a memo to this effect and seek for dismissal of the divorce petition as withdrawn the consent.
Your lawyer cannot do any harm to you either now or in future for this.
The divorce petition filed on the grounds of mutual consent will not be closed immediately if the other consenting party is not able to attend the second motion in person.
he period of six to eighteen months time is given in divorce by mutual consent as to give time and opportunity to the parties to reflect on their move and seek advice from relations and friends. Mutual consent should continue till the divorce decree is passed.
During the six months after the filing of the first petition, either spouse is at liberty to withdraw the petition. However, once six months have elapsed, it is necessary for the couple to jointly withdraw their consent to the divorce petition.
Yes you need to attend the motion
1. You shall have to appear before the Court for the 2nd motion within 18 months from the date of filing of the MCD petition failing which it will be rejected.
2. You can engage another Advocate in place of your present Advocate and submit your application for withdrawal of your consent for the MCD filed before the Court.
- 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.
- Hence, if the second motion petition will not be filed within this period , then the First motion will have no legal value in the eye of law,
- Since, you don't want to proceed for second motion , then you should not singed the joint petition of second motion and refuse for the same.
- Without getting your positive consent , the said lawyer cannot file the second motion petition , and hence it will not harm you and it will also not effect your future, except she can file cases against you .
Dear client,
If you wish to withdraw your mutual acceptance of the divorce petition, you can file a memo for withdrawal yourself, without the assistance of your lawyer. You may also consider hiring a different lawyer who will represent your interests in court, and file the memo for withdrawal on your behalf.
In regards to your lawyer not filing the memo for withdrawal as per your instructions, you should discuss this matter with your lawyer and clarify your position. If your lawyer is not acting in your best interests, you have the right to seek a different lawyer to represent you in court.
As for non-attendance of the 2nd motion, it is important to attend all court hearings related to your divorce case to avoid any potential negative consequences. If you are unable to attend due to valid reasons such as relocation to another country, you may inform the court in writing and seek an adjournment or postponement of the hearing.
However, if you miss court hearings without informing the court, it may be considered as contempt of court, which can lead to penalties and other legal consequences.
In conclusion, it is important to stay informed and updated on your divorce case proceedings, and to take necessary actions in consultation with your lawyer to protect your legal rights and interests.
