Mutual divorce 2nd motion not attended

I have agreed for mutual divorce and completed the 1st hearing.I have not attended 2nd motion and skipped 3hearings.Now its 1year we filed the mutual divorce petition but i want to reconcile with my wife and don't want to divorce.
1) if i dont attend the another hearing(5th one),will judge grant divorce to my wife?
2)if my wife withdraws the existing mutual divorce petition or converts into contested?will i get fair chance to reconcile request?
3)if wife files contested divorce,is it possible for me to file RCR for reconciliation?
4) Can i attend the 5th hearing and say to judge for reconciliation and dont want divorce.What judge does in this scenario?still he grants divorce to my wife as here girl wants divorce?

My intention was to reconcile and dont want to divorce.What will be the best option to tackle this mutual petition

Asked 2 years ago in Family Law

Religion: Hindu

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10 Answers

Dear client,

it's important to consult with a qualified lawyer who specializes in family law in your jurisdiction for accurate advice based on the specific laws and regulations that apply to your situation. They will be able to provide you with guidance tailored to your circumstances.

If you do not attend the upcoming hearing, it is possible that the judge may proceed with the divorce based on the information and evidence available. However, the outcome may depend on the specific laws and procedures in your jurisdiction.

If your wife withdraws the existing mutual divorce petition or converts it into a contested one, it may provide an opportunity for you to reconcile. However, the details and possibilities may vary depending on the specific laws and procedures in your jurisdiction. Consulting with a lawyer will help you understand the options available to you in this scenario.

If your wife files a contested divorce, you may have the option to file a petition for Restitution of Conjugal Rights (RCR) depending on the laws in your jurisdiction. RCR is a legal remedy that allows a spouse to seek the resumption of marital cohabitation. Again, it's important to consult with a lawyer to understand the specific laws and procedures applicable in your situation.

Attending the fifth hearing and expressing your desire for reconciliation to the judge is a valid approach. The judge will consider all the circumstances and evidence presented before making a decision. However, the outcome may depend on the laws, procedures, and the judge's discretion in your jurisdiction.

To tackle your specific situation, it is highly recommended to consult with a family law lawyer who can guide you through the legal process, explain your options, and help you determine the best course of action based on the laws and regulations in your jurisdiction. They will be able to assess your situation and provide you with the most appropriate advice.

Anik Miu

Advocate, Bangalore

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Your personal presence is necessary court would not grant divorce in your absence

2) you can always seek reconciliation

3) you can file RCR

4) you can withdraw your consent for divorce by mutual consent

Ajay Sethi

Advocate, Mumbai

99851 Answers

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Since proceedings of mutual divorce is not complete and as you had not attended second motion, hence, your marriage still subsist and she is your legally wedded wife. However, check the status of case from court records before proceeding yo reconcile. It is a Hindu marriage so even if a divorce is grated even then you can remarry her. Go and reconcile the matter.

1. No. Judge may dismiss the petition.

2. Yes, wife has every right to give divorce case.

3. As siluch no restriction or bar. But filing RCR is a wastage of time and such petitions may complicate your case

4. Yes, judge will dismiss the petition.

Siddharth Srivastava

Advocate, Delhi

1551 Answers

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Dear Sir,

First let me explain to you the process for mutual consent divorce!

Process For Filing Divorce By Mutual Consent

Filing of the Petition in the Family Court
Joint petition for dissolution of marriage for a decree of divorce is presented to the Family Court by both the spouses on the ground stating that they have not been able to reconcile the differences and live together. Thus, have mutually agreed to dissolve the marriage or they have been living separately for a period of one year or more. This petition has to be signed by both the parties.

Appearance before the Family Court Judge for First Motion for Divorce
Both the parties will enter their appearance in the Court along with their legal counsels. Family Court Judge will go through the contents of the petition along with all the documents presented in the Court. Court may attempt to reconcile the differences between the spouses, however, if this is not possible, the matter proceeds further.

Joint Statement on Oath
After going through the contents of the application, Court may order the party's joint statements to be recorded on oath and joint statement are signed by both the parties along with their respective counsels and then First motion is passed.

First Motion order is passed, 6 Months Time period is given for the Second Motion
An order on the first motion is passed by the court. After this, a six months cooling period is given to both the parties to a divorce, before they can file the second motion. The maximum period to file for a second motion is 18 months from the date of presentation of the divorce petition in the family court.

Second Motion hearing and Final Decree
Once the parties have decided to go further with the proceedings and appear for the second motion, they proceed with the final hearings. This includes parties appearing and recording of joint statements before the Family Court.

Kindly note that the time period to appear for the 2nd motion is 18 months i,e 1.5 years. There is a concept called as condonation of delay and thus your application can be dragged for another 6 months. Yes, I recommend you to go ahead and file the RCR petition, if your wife files a contested divorce. Sometimes, since the maintenance amount, alimony etc., can't be asked as much as in normal divorce, the lawyers of your wife may advice her to go forward and apply for a Sec 13(1)(ia) petition against you. Thus, I strongly recommend that you be a little careful and calculative. Before granting the decree for divorce, the Judge himself will ask you whether you want the matter to be put up for mediation. Do not worry, you yourself ask the Judge to put up the matter before the mediator. May I know why you want to reconcile?

In case, the Judge is reluctant to grant date and shows an indication that he is going to grant divorce, you can always go for withdrawing with liberty to file fresh suit. Also note that, if the matter is unattended by both the parties, it is capable of being disposed instead of divorce order. Also, to grant divorce there must be documents, if you have not filed any documents, how can the judge access and pass an appropriate order? The Judges give 60 days time (in some cases 90 days) for mediation process to complete and end. There are catena of cases where the judges have condoned the delay in the coming forward with the second motion, we can use those in your defence. The withdrawal can happen only if both of you agree, otherwise there will be no withdrawal. One-sided withdrawal is not permitted in the court of law. There is no such provision which allows for conversion of a mutual consent divorce petition to normal petition. She will have to file a fresh suit in case she wants to go for contested divorce under H.M.A 1955.

I hope I have answered your questions. In case you have further doubts, do not hesitate to reach out to me for clarification

Sanmathi S. Rao

Advocate, Bengaluru

46 Answers

Talk to Advocate Sanmathi S. Rao

1. No, the court will dismiss the divorce petition filed by both jointly.

2. You can strongly object to this and also can refer the matter to mediation through court, which may provide some relief to you.

3. You can file RCR petition, but it cannot be said that the reconciliation can be done just because you filed the RCR petition.

4. If you express that you do not want to continue with this divorce case, then the court will dismiss the case.

T Kalaiselvan

Advocate, Vellore

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yes you can do the aforesaid as stated above

Prashant Nayak

Advocate, Mumbai

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The answers to your questions are as follows:

(1) If you do not attend the hearing for 2nd motion, the judge cannot grant divorce. For divorce with consent of both parties, both the parties have to remain present for the 2nd motion.

(2) Yes, you will get fair chance of hearing to oppose if your wife converts the petition for divorce with consent into contested divorce petition.

(3) Even if your wife files a petition for contested divorce, there are always scopes for reconciliation. You can make efforts at your personal/family level or through your lawyer for reconciliation.

(4) You can attend any hearing and tell the judge that you do not want to pursue the petition for divorce with consent meaning. The judge may either give time for reconciliation or reject the joint petition on ground that one party has withdrawn the consent.

If you are not willing to dissolve the marriage, you may approach your wife to sort out the matrimonial disputes/issues and try to convince her to give the marriage another chance to work.

Dalbir Bharti

Advocate, Gurgaon

41 Answers

Talk to Advocate Dalbir Bharti

Hello,

You will have the chance to defend the case. You will also have the fair opportunity to seek mediation in court and explore the possibility of reconciliation.

You can, however, as you had already agreed to divorce by mutual consent, it may be viewed as a strategy.

It is not advisable. The petition for divorce by mutual consent can be on file for a maximum of 18 months and has to be dismissed if you choose to keep away. The judge cannot order divorce without the parties consenting at the second motion.

S J Mathew

Advocate, Mumbai

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1. As per law, the statements of both the parties are mandatory before the court on First & Second Motions , and if any party not approach the court on the second motion , then divorce cannot be granted by the court.

- Hence , if you will not attend the hearing in second motion , then divorce will not grant to her.

2. A mutual consent divorce cannot convert into contested divorce.

3. Yes , you can file RCR

4. If you don't want divorce , then no need to appear before the court on the hearing

Mohammed Shahzad

Advocate, Delhi

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You may approach to the court and ask for reconciliation. Request the Court to give you chance the Court will grant your wish. But first apologize for not attending previous hearing with a good reason.

Do not file any other Petition unless directed by the Court.

Kind Regards,

Adv. Payal Goyle

Payal Arora

Advocate, Pune

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