• Question about process after second hearing

In India I had a mutual consent divorce hearing today and when attended judge asked me and my wife some questions fur verification and confirmation. Once I was asked my questions and answered they asked me to wait outside to sign and the court attendant came to me and asked me for sign on only one paper but when the attended discussed with my wife they talked for couple of minutes and felt like she signed more times. I am worried if I missed to sign anything and now court will ask us to come for another hearing or something like that.
Asked 4 months ago in Family Law
Religion: Hindu

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10 Answers

Court will pronounce judgment after second motion .there will be no further hearings 

 

you will get order dissolving your marriage by mutual consent 

 

apply for certified copy of judgment and divorce decree 

 

 

Ajay Sethi
Advocate, Mumbai
99751 Answers
8141 Consultations

It’s normal to feel concerned, but don’t worry too much. In mutual consent divorce under Hindu law, at the second motion (final hearing), the court usually takes statements from both parties and then records the final order. If the judge has already heard both of you and your statement was recorded, then your part is likely complete.

The reason your wife signed more documents could be procedural for instance, if she was the petitioner or if certain affidavits or forms needed her signature only.

If the judge didn’t ask for anything further and the staff confirmed your signature was taken, you most likely won’t be called again. The court will now pass the final decree, and you can collect a certified copy in a couple of weeks from the court office.

To be extra sure, you can:

Contact your advocate (if you had one) and confirm the status

Or visit the court registry after a few days to check if any further signature is needed from your side

No need to panic, if anything was missing, the court staff would have informed you on the spot.

 

Suresh Kumar Pal
Advocate, Allahabad
106 Answers

You've been through a stressful day, and it's completely understandable to be worried about potential oversights, especially with something as significant as a divorce proceeding. Let's break down your concerns.

Here's what likely happened and what you can do:

Why you might have signed only once and your wife more:

  • Petitioner vs. Respondent: In a mutual consent divorce, one party is usually designated as the "petitioner" (the one who files the petition) and the other as the "respondent." While both agree, there might be specific documents that the petitioner needs to sign, which the respondent does not, or vice-versa. For example, the original petition itself, or certain affidavits, might have required more signatures from one party.

  • Court Clerk's Procedures: Different courts and even different clerks within the same court might have slightly varying procedures. It's possible the court attendant had all the necessary documents for you to sign compiled, and your wife might have had some additional ones specific to her role or declarations she needed to make.

  • Minor Declarations/Acknowledgements: Sometimes, there are small acknowledgements or declarations that only one party needs to sign, or perhaps your wife had to acknowledge receipt of some documents, which you, as the initial signee of the main petition, had already done.

  • Discrepancy in Documents Presented: It's also possible that the court attendant inadvertently handed your wife a few more papers that weren't strictly necessary for you, or vice-versa.

What's the likelihood of another hearing due to missed signatures?

  • Low, if the judge was satisfied: The most important part is that the judge conducted the verification and confirmation. If the judge was satisfied with your answers and your wife's, and allowed you both to proceed to signing, it indicates that the core legal requirements for the divorce were met in the judge's eyes.

  • Court Staff's Role: The court attendant's job is to ensure all necessary paperwork is signed. If you missed a crucial signature, they would typically catch it before you leave. They are usually quite meticulous about this, as it causes them more work later if documents are incomplete.

  • Focus on the Decree: The final order (decree) of divorce is what matters most. The judge's decision to grant the divorce, based on your testimonies, is the primary hurdle. The signing of papers is largely an administrative process to formalize that decision.

What you can do now:

  1. Don't Panic: This is the most important thing. It's very common for people to feel unsure after court proceedings, especially when they're not familiar with the exact legal process.

  2. Wait for the Certified Copy of the Decree: The next step is usually the issuance of the certified copy of the divorce decree. This document will officially state that your divorce has been granted. It typically takes some time (days to weeks, depending on the court) to be prepared.

  3. Check the Court's Online Portal (if available): Many Indian courts now have online portals where you can check the status of your case. You might be able to see if the order has been passed or if there are any pending actions. Look for terms like "Order Passed," "Decree Issued," or "Case Disposed."

  4. Contact Your Lawyer (if you had one): If you had legal representation, your lawyer would be the best person to clarify this. They would know exactly what documents were required for both parties and can inquire with the court clerk if there were any discrepancies.

  5. What if there was a missed signature?

    • The court will usually notify you: If a signature was genuinely missed and it's crucial, the court would typically issue a notice or put it on the cause list for a "clarification" or "deficiency" hearing, or your lawyer would be informed. They won't just let the matter hang indefinitely without informing you.

    • It's often easily rectifiable: Even if there was a minor oversight, it's usually a simple matter of going back to court on a designated day to complete the signature, rather than a full-blown new hearing with arguments.

Mohd Anwar Aman
Advocate, New Delhi
102 Answers

No you don’t have to worry if any signature is incomplete then court will provide you time for the same 

Prashant Nayak
Advocate, Mumbai
34492 Answers
248 Consultations

Your concern is that the court attender did not obtain more than one signature from yu whereas he took several signatures from your ex-spouse, however  since you are not knowing what they both spoke to each other and what went wrong with her that she was required to sign more than once, you need not worry, especially when you both appeared before court and explicitly confirmed your decision to dissolve the marriage by mutual consent divorce, you need not worry about such things which are actually not known to you.

The court will pronounce judgment dissolving the marriage by  decree of divorce after which you obtain the certified copy of the divorce decree. 

T Kalaiselvan
Advocate, Vellore
89953 Answers
2490 Consultations

Do not worry you must have signed where only your signature was required. If there is any deficiency your advocate can fill up the gap considering your stay out of India. 

Devajyoti Barman
Advocate, Kolkata
23647 Answers
537 Consultations

No need to worry — in mutual consent divorce (second motion), it is common for parties to sign different sets of documents (e.g., affidavits, statements, settlements). You may have signed only the ones required from your side.

 What to Do:

  • Ask your lawyer if your signatures are complete — they will confirm from court records.

  • No extra hearing is required if documents are in order.

  • Wait for the final divorce decree, usually issued in 1–2 weeks after second motion.


 If unsure, you may also follow up with the court clerk or book a consultation for peace of mind.

Shubham Goyal
Advocate, Delhi
2052 Answers
14 Consultations

Dear Sir,

You are suggested not to worry unnecessarily and ask your advocate to apply the certified copy of the complete details i.e. orders, pleadings, statements etc. It is suggested the staff of the court cross checks the documents/signs and inform immediately. Nothing happened of such kind means everything is done perfectly on your end. 

 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

You attended your mutual consent divorce hearing where the judge asked you and your wife some questions for verification. After you answered, the court attendant asked you to sign one document. Meanwhile, you noticed your wife signed multiple documents after a brief discussion with the attendant. I understand you feel concerned about whether you missed signing any papers and whether the court might call you again.

Here is what you need to know:

The court usually requires each party to sign only the documents relevant to them. It is common for your wife to have signed more documents based on her role and declarations. If the court needed your signature on anything additional, they would have informed you before you left.

If you missed signing any required papers, the court will notify you or your advocate and ask you to return to complete the process. Such situations usually only cause minor delays and do not impact the overall proceeding.

To be certain, you should promptly check with your advocate or contact the court registry to confirm whether you have fulfilled all signing requirements. Keep all documents you signed safe and watch for any communication from the court.

Do not worry unnecessarily; you most likely completed your part correctly. If you want, I can assist you in drafting an inquiry to the court or provide further legal guidance tailored to your case.

Yuganshu Sharma
Advocate, Delhi
943 Answers
2 Consultations

Dear Client,

It is normal for persons to put signature on multiple documents in proceedings under Section 13B of the Hindu Marriage Act, 1955. The number of times the signature is taken depends on the affidavits, settlement terms and the applications made. There’s no need to worry about whether you’ll be called for another hearing, since if any rectifications are needed they can be done son without another hearing, provided the rectifications is not a major one.

I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.

Anik Miu
Advocate, Bangalore
11005 Answers
125 Consultations

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