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Tejaswini (TA)     22 January 2014

Second motion

Dear Experts,

We filed mutual consent for divorce in July'13 and court has given us the date next week for second motion. Can you please tell me:

1) what is the court's procedure on second motion date? 

2)Should I submit any MC consent paper again ?

3) What are all the papers that court will provide acknowledging the entire divorce? (apart from decree)

4) Will i be receiving all those papers on the same date or later?

Thank you for the help.

 



Learning

 11 Replies

sandykrish (Interested in Family LAW)     22 January 2014

1) what is the court's procedure on second motion date? 

 

     Opinion: You have to go through the mediation again, in the mediation if both the parties say that we still stick on to the first motion decision, the mediator will refer the case back to the court, on the same date or the next hearing date, all process will happen, judge either on the same day or on the next hearing will put the case for orders means Divorce Decree

2)Should I submit any MC consent paper again ?

No, Not at all

3) What are all the papers that court will provide acknowledging the entire divorce? (apart from decree)

Nothing, if you want you can apply for CC by paying court fee

4) Will i be receiving all those papers on the same date or later?

Why so hurry, wait for a week, ask your Lawyer to collect the copy, Judge will pass the decree,, But I am leaving a worm in your head, either parties have a right to appeal within the 90 days from the order. Some lawyers say that MCD cant be appealed but it can be appealed Advocates specialist in this can comment.

Thank you for the help.

adv. rajeev ( rajoo ) (practicing advocate)     22 January 2014

You need not to produce the documents once again. Court will record the evidences of both the parties and will pass the judgement on the date given for judement.

aap (manager)     22 January 2014

Well I dont think mediation will happen as told by my lawyer , when 6 apply ror 2nd motion date will be given and u both have 5o convey ur consent b3fore judge

sandykrish (Interested in Family LAW)     22 January 2014

@ AAP sorry for your understanding, it is Supreme Court guidelines that you will have to go through mediation. Please double check with your so called "Advocate".

 

Thanks

aap (manager)     22 January 2014

My case already went through mediation cell as 498a case on me so I believe no mediation againg for me during second motion

aap (manager)     22 January 2014

@sandykriss I never heard anyone saying that mediation will happen mauy be depends upon different courts different priocedure, lets other expert give their opinion on this

sandykrish (Interested in Family LAW)     22 January 2014

@ AAP even if you have gone through mediation, your MCD is a different case and most of the courts would follow this guideline. Any way you will experience that shortly, don't be surprised when you have been asked to go through this. 

Tejaswini (TA)     23 January 2014

Thanks for all your replies. Can you please help me with these questions:

 

1) Is there one more date called "judgement date" after second motion date?

2) Will the judge does not pass the judgement on second motion date?

3) When will the judge writes the decree and pass it to department to print?

4) How long will it take for me to get the printed decree in hand? Will they take days or weeks or a month?

5) Can I apply for the certified copy on the second motion date ?

aap (manager)     24 January 2014

Even im also looking for the answers to the above, anyone who know the process please share it

Tejaswini (TA)     24 January 2014

Experts, 

Please, can someone reply to the above questions. Thanks in anticipation.

aap (manager)     25 January 2014

Even im also looking for the answer for the above any one plese share


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