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Seeking Divorce (IT)     08 September 2013

About second motion

Me and wife filed 13B and given to judge. We got next hearing on feb 2014. The date which we got after six months is first motion or second motion?. Give me detailed descripttion on second motion. Do our statements recorded separately or in front both of us . When ll we get our divorce decree. 



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 2 Replies

Tajobsindia (Senior Partner )     08 September 2013

1.    When joint petition was filed there ought to have been Statement of parties recorded as First Motion based on which for Second motion date in Feb. is given.

2.    It looks to me 50:50 here due to opennign wordings of your brief, that, may be the Court is overburdened with work load so as soon as both of you filed Joint petition praying for recording first motion statements Court might have given date in Feb. OR the First motion is already allowed and the date in Feb. that you mention in your brief is given by Court is for Second motion.

3.    The doubt is due to you not seeking clarification FIRST from your Advocate first thus I feel what I mentioned in para 2.

4.    Suggested to seek clarification first from your advocate.

5.    Normally a Court should record parties Statement during both Motions and after recording Statements in both Motions respective or joint (common) Advocate of party should identify the party.

6.    After Second motion statement is recorded and Court is satisfied with the inquiry it does on Petition r/w Statements it allows Divorce of parties based on Mutual Consent and dissolves parties marriage and Decree Sheet is prepared accordingly once final Judgment is signed – announced in Open Court.

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(Guest)

Dear Author,

The date which you have got in Feb 2014 is of second motion.

After six months i.e feb 2014, the Second Motion Petition for Mutual Consent Divorce should be filed by both of you and both are required reappear in the court. A gap of six months is given between the two motions, so as to offer the estranged couple adequate time to reconsider their decision of dissolving their marriage. After hearings from the husband and wife, if the judge is satisfied that all the necessary grounds and requirements for the divorce have been met, the couple is granted a mutual divorce decree.Which is given after few days or week.

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