RABINDRA THAKUR (DEALER ) 13 April 2010
I have filled a petition for Mutual Divorce U/s 28 in special marriage act 1954. I want to know :- (1) Is it essential to file petition for second motition in writing through a lawyer? or I will get divorce after 6 months with the first motion only? (2) What will be, after 18 month, if i do not approach to the court? (3) Will court pass a decree of divorce after 18 months?
1. Services of Ld. counsel helps smooth things if basics of Law and court craft are not known to parties. Basic enquiry will be done by ld. Judge to both parties on consent terms and check durass and elements of fraus during first / second motion.
2. Both parties consent shoudl exist during second motion and only after that decree will be granted on MCD. Kindly re-read S. 28 (2) SMA.
Rgds
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