yes there is no any such thing like second petition, as if both the parties r ready for mutual divorce then it will proceed further.

further, feel free to consult for any support.

Manoj kumar,
Advocate,
Delhi.
Ph: 0931 044 3650
advocates.agra@gmail.com

@ Author

We understand sailing through legal jargons and court practice procedures for laymen's are a nightmare and probably there is some understanding problem on what your lawyer said and what is correct practice procedure for MCD (Mutual Consent Divorce First and Second Motion read with Decree in) proceedings.

For simplicity read short version of First and Second Motion practice procedure resulting into decree in MCD as basic understanding;

1. Under Section 13-B of the Hindu Marriage Act of 1950, the parties can seek divorce by mutual consent by filing a petition before the court. After the filing of the petition (i.e. moving First Motuion) and recording the statement of both the parties, the court generally adjourns the matter for a period of 6 months where after the party has to again approach the court for making a second motion confirming the mutual consent earlier given in the petition filed by them. It is only after this second motion is made that a decree of the divorce is granted by the court. During this period of 6 months when the petition is pending , any of the spouse is fully entitled to withdraw the mutual consent. In such an eventuality no divorce decree can granted by the court. The consent can be withdrawn during this period of 6 months by either of the spouse, by filing an application before the court stating that he/she does not wish to seek divorce by mutual consent. The court is bound under such circumstances not to grant a decree of divorce. There is no option available to the other party to such circumstances except to file a normal petition for divorce under the provisions of the Section 13 of the Hindu Marriage Act, 1950.

2. For your second question on 'signature' and/or “personal presence” of either or both party at the time of second motion in MCD it is allowed that the either and/or both spouse can be represented by a men and Agent under Power of Attorney to move and sail through Second Motion and neither their signature nor physical presence is a must. Only thing that Court cross-checks by way of enquiry is authenticity of Power of Attorney and someone from either spouse to vouch for that spouse identification / relationships. in short signature is not required during second motion if that spouse is being represented under Power of Attorney and someone from that spouse side is able to identify that spouse.

Or wait for my other ld. brothers coming up with short and sweet version of above two long paras for easy understanding !

You want to cut the relations permanently for that you have to cross many  more bridges.

First of all,MCD cannot be filled with 6 months separation,it needs 1 year of separation.for that,you need to state different date of separation.

During second motion both parties should be present & state what what was mentioned in first petition & pray for divorce,on which divorce will be granted.

if either party is not willing to come for seconf motion,from 6 months to 18 months,the petiion gets dismissed.after 18 months.one party will not get divorce just beacuse other party has not withdrawn consent.

Your lawyer is misquiding you,

Tajobs has explained the process in detail.

In "short and sweet", second motion is a must and personal attendance need to be dispensed in extreme situations but a valid PoA is a must even then.

so , by all means you want to say that there is no filling of second motion application.(@shonee kapoor sir)

just an appearance of both parties in court and consent for divorce.

no written document required for filling second motion?

if yes pl send me a sample format for same