| We had filed for mutual consent divorce before the Shivajinagar Family Court and the second motion was not filed within the permitted time, causing the petition to lapse. Can we file a fresh petition for mutual consent divorce again from the beginning? |
A genuinely practical concern for couples who have experienced delays is whether a second motion for mutual divorce can be filed in Pune if the first motion lapsed, since understanding this correctly can save considerable time and confusion. A second motion for mutual divorce can generally still be filed in Pune even if there has been significant delay following the first motion, since Indian courts have recognised that the six-month period between the First and Second Motion under Section 13B is a minimum waiting period rather than a rigid deadline by which the Second Motion must necessarily be filed, meaning delay beyond six months does not automatically cause the first motion to "lapse" in a way that forecloses proceeding to the Second Motion.
Where there has been a considerable gap since the First Motion and a couple now wishes to proceed with filing the Second Motion for mutual divorce in Pune, it remains important that both parties confirm their consent to the divorce genuinely subsists at the time of filing the Second Motion, since the Supreme Court has clarified that consent must continue right up until the decree is actually passed, meaning a significant gap during which either party's circumstances or intentions may have changed warrants a fresh confirmation of continued mutual agreement before proceeding. Where an unusually long period has elapsed, courts may inquire more closely into whether the parties' consent remains genuine and current, though this generally does not prevent the Second Motion from being filed and heard where both parties do confirm their continued agreement.
It is worth understanding that if either party's consent has genuinely changed during an extended gap, the Second Motion cannot simply proceed based on the original First Motion consent, and the matter would then need to be reassessed as a contested proceeding or the couple would need to restart the mutual consent process depending on the specific circumstances, since consent is required to be genuine and current rather than a formality carried over from months or years earlier.
Given how much a delayed Second Motion filing benefits from properly confirming and documenting continued mutual consent before proceeding, careful preparation at this stage matters. Our legal experts at Aapka Legal Advice include retired judges who can advise on how to properly proceed with a delayed Second Motion filing. Our Divorce Lawyers in Pune | Aapka Legal Advice regularly assist couples in reviving and completing delayed mutual consent proceedings in Pune.
In summary, a second motion for mutual divorce can generally still be filed in Pune even after significant delay following the first motion, provided both parties confirm their consent genuinely continues, making a fresh confirmation of mutual agreement an important step before proceeding.
