What is second motion in mutual divorce?
The second motion: “The Second Motion Petition for Mutual Consent Divorce” mentioned in the sub-section (2) of Section 13 B is filed when the couple reappears to the court for the second time after a period of six months.
What happens after second motion of divorce?
1. On the day of the second motion, the Court asks both the parties whether they still want divorce or not. If both of them say yes, then decree of divorce is pronounced. there is no need for filing application for withdrawing the consent.
What is 2nd motion?
In deliberative bodies a second to a proposed motion is an indication that there is at least one person besides the mover that is interested in seeing the motion come before the meeting. It does not necessarily indicate that the seconder favors the motion.
Can wife claim maintenance after mutual divorce?
WIFE CANNOT CLAIM MAINTENANCE AFTER MUTUAL DIVORCE, IF SHE VOLUNTARILY SURRENDERED HER PART OF RIGHT TO GET MAINTENANCE:- – Legal Bonding.
What is first motion in court?
First motion is join petition filed by the couple when they want to get mutual divorce, and after 6 months they will have to file second motion but now that can be waived as per supreme Court’s judgement. Other pending cases will be withdrawn as per the settled terms between you.
How do I pay in mutual divorce?
1. There is no system of deposit the money with court in the case if mutual divorce. Make two halves of the whole money. Pay first half at the time of filing the petition or after quashing the 498A case and remaining half at the time of final hearing of divorce suit.
Can mutual consent divorce be challenged?
Divorce by mutual consent is final and binding and thus cannot be challenged in any Court. The basis of such divorce is mutual consent and since both parties consented to the divorce, they cannot challenge the decision. … Challenging the decree can only be on these grounds with the help of a good divorce attorney.
How much alimony does a wife get in India?
If the alimony is being paid on a monthly basis, the Supreme Court of India has set 25% of the husband’s net monthly salary as the benchmark amount that should be granted to the wife. There is no such benchmark for one-time settlement, but usually, the amount ranges between 1/5th to 1/3rd of the husband’s net worth.
What is mediation in mutual consent divorce?
Resolving the disputes through a process which is under the supervision of a mediator is called mediation. The aim of mediation is to provide a fair, neutral, speedy decision or conclusion to the parties. … After the mediation process, the divorce becomes a mutual divorce with the consent of both the spouse.
What is divorce cooling off period?
Section 13-B(2) of the Hindu Marriage Act, 1955 states that for a statutory interregnum understanding, a cooling period of six months between the first and the last motion for divorce by consensual consent to explore the possibility of settlement and cohabitation. That statutory period is termed as the cooling period.