Yes, a second motion for mutual divorce can generally still be filed in Bengaluru even if it was not pursued within the typical timeframe following the first motion, though the specific circumstances of the lapse matter significantly in determining the correct procedural path forward. Under Section 13B of the Hindu Marriage Act, after filing the first motion, parties must wait a minimum of six months (which can be waived by the Supreme Court's guidance in appropriate cases) before filing the second motion, and this must generally occur within eighteen months of the first motion, per statutory language, though courts have shown some flexibility depending on the reasons for delay.

If the second motion was not filed within the eighteen-month window due to genuine reasons — such as ongoing settlement negotiations, health issues, or other legitimate delays — you may need to file an application explaining the delay and seeking the Bengaluru family court's permission to proceed with the second motion despite the lapse, rather than simply refiling as though no time had passed. Courts generally examine whether both parties still consent to the divorce and whether the delay was reasonable before deciding whether to allow the second motion to proceed.

If considerable time has passed and there is any doubt about whether both parties still genuinely consent to the mutual divorce, the family court may require a fresh reaffirmation of consent from both parties before proceeding, since mutual consent must be current and genuine at the time the decree is actually granted, not merely at the time of the original first motion filing. This is particularly important if circumstances have changed significantly since the first motion was filed.

If mutual consent is no longer present from either party, simply reviving the lapsed second motion may not be possible, and the matter might need to proceed as a contested divorce instead, requiring a different procedural and evidentiary approach altogether. Given these complexities, it is important to have your specific situation assessed by experienced family law counsel before deciding how to proceed. The team at Aapka Legal Advice can review your case history and advise on the best path forward for reviving or refiling your mutual divorce proceedings.

Because reviving a lapsed second motion involves specific procedural nuances that vary based on individual case facts, obtaining a second opinion from a retired judge on the best strategy can help you avoid unnecessary delays or complications. Bengaluru's experienced divorce lawyers and retired judges, listed at Best Bangalore Lawyers & Retired Judges | Aapka Legal Advice, regularly assist with reviving such lapsed mutual consent proceedings.

In conclusion, a lapsed second motion for mutual divorce in Bengaluru can often still be revived with proper court permission, provided both parties remain genuinely consenting and the delay is adequately explained.