Not sure of my advocate's attitude and his suggestions

Sir,

There is time of 6 to 18 months between first motion and second motion, therefore it is better to convince your wife to come and go for second motion again.

Warm Regards

Kapil Chandna Advocate

9899011450

Point wise reply:

Your lawyer is correct. If your wife doesnot turn up for filing of the second motion within 18 months from the date of allowing of first motion then this first motion becomes infructuous. So if you feel you can convince your wife to come and move a second motion within these 18 months then you can get a mutual consent divorce and no contesting divorce petition would be required to be filed. In regard to the trouble it is a subjective issue. If you file it your wife might decide not to divorce you and come and contest it. She might also file a 498A case against you but all these are hypothetical situations, which i suggest you should not worry about.

If your wife files a contesting divorce then indirectly it will solve your purpose. Do not contest it. Court will give her an ex-parte decree. And you will get divorced. But i doubt that she will ever do it as the better option for her is to come and simply file the second motion in your current mutual divorce case. 

If you file it and she doesnot appear before the court then you get an ex-parte. 

If she is earning good and the financial difference between your earning and her is not massive then dont worry about this as well. As you say that you are not financially much well so this issue also rules out from your case.

Thank you very much for your reply Sir.

Days of persuasions are gone as we are no longer on talking terms. Both have developed a sort of hatredness towards each other mutually. 

I didn't understand one thing which my advocate told me that he had filed the petition on my behalf in the month of July and hence I had to appear in the judge court in the month of December. Now that they didn't turn up the date was postponed to Feb. Is this really possible?.  I am not sure of what he is up to. Can you figure out the situation from whatever I have written in this note and tell me if he is on the right track or is he just bluffing me?.

Sachin.

Better wait till the next motion and then plan the future course of action.Any wrong step from U may lead U into legal troubles.

Thank you very much P. Bashista sir.

So you mean I should not go for a contest right?. But my advocate said that he is going to file one on my behalf if she doesn't turn up again.

Sachin.

Basically when you file a first motion then there has to be a gap of 6 months before you go for second motion from the date of admission of your first motion by the court.In a mutual consent divorce petition the couple has to file a fresh petition of second motion once the period of six months expire, with a certified copy of the first motion order. Atleast in Delhi this is the practice followed by the family Courts.

In that case I shall refrain from filing a contested divorce petition from my side.

See the point is when you will file the contest petition then you have to disclose in your petition that you are filing so as she did not turn up for second motion. But in that case Court will ask you that has the 18 months expired, how can you say that she is not willing to file the second motion, etc. With a first motion order in your hand you are at a very advanced stage. Better not to waste it like this.

I suggest that if you are not in touch with her then convey the message through her lawyer. Ask your lawyer to discuss with her lawyer. 

Well in that case I must say that my advocate is keeping me in the dark as he hasn't informed/discussed/consoled me by retorting any such law from the rule book.

Can this fresh filing be done from any of the sides then?. I some how do not want to get in to this trouble of contesting. As advised here by many of you it is only fruitful to not file a contest and not respont to a contest from her side thus giving me the option of ex-parte decree.

Pardon me for the lame questions (whic is primarily due to my ignorance about the law) but this is really worrying me!.

Thank you,

Sachin.

Sorry for being lame again.

By first motion do you mean the filing of the petition by my advocate or the date which was given by the court for both of us to appear?. I again apologize for the ignorance.

When you and your would have filed the mutual divorce petition you both must have appeared before the Court and given your statement and signed it. That date Court must have passed an order. That date of passing the order is said to be first motion passed.