Mohammad bhai, assalamualaikum warahmatullahi wabarakatuh!

you need to file a separate petition like you did the first time for getting the 2nd motion conducted.

The process:

• Apply for certified copy of order and judgement of 1st motion along with MOU and statement of parties.
• Draft the petition for 2nd motion.
• File the waiver application, if applicable in your case and file along with 2nd motion.
• The statement of both the parties will finally be taken before passing of the decree for divorce.
• This time the Hon'ble Court will ask the willingness in depth with parties.
• The decree of divorce will be passed.

If your wife doesn't turn up for the 2nd motion, you may file a contempt petition against her and claim the penalty as stipulated in the MOU as mandated by the Rajat v. Rupali judgement.

Good luck!

No separate case has to be filed 

2) both parties have to file affidavit 

3) if your wife does not attend court the. Adjournment would be granted 

3) if wife remains absent your petition would be dismissed 

Yes. After passing of order in first motion allowing first motion second motion petition is to be filed as a fresh case mentioning details of first motion with order passed in first motion and thereafter, same procedure as was held in first motion is to be followed. If wife does not cooperate in second motion or does not attend second motion then it also amount to cruelty and only on this ground husband can file fresh case for divorce. Withdrawn cases can slso be restored. Being muslim and if marriage is performed under muslim law then only you can also pronounce talak on each tuhr to wife. 

1. 2nd motion is part of the same case and it can not be treated as separate case.

2. The mutual divorce proceeding will fail if your wife refuse to give consent in person repeatedly within 18 months from the date of filing of the mutual consent divorce. 

Mohammad bhai,  the first motion and the second motion are registered with two separate case numbers, meaning the 2nd petition can't be considered as an interim application, rather a separate case. Had it been an interlocutory application, the second motion would have been filed in the first motion. But these two are two separate cases.

No separate petition has to be filed for second motion in mutual consent divorce petition 

DEAR SIR,
It is advised that you need to file (jointly) 2nd motion petition as seprate case. The process will be same as that of first motion and but the order of first motion to be annexed. As per the earlier applications/affidavit signed earlier, you wife is bound to come. Else, she will be liable for civil contempt of court.

Second morion shall ve filed as a seperate new fresh case. If wife does not come then husband can file divorce case on the ground of cruelty. 

No

In second motion both parties have to file affidavits that they want divorce by mutual consent there is no reconciliation possible etc 

it would bear same case number 

Yes, as advised above.

The second motion is not a separate case.

You both are required to appear before court and file affidavit individually confirming the decision for mutual consent divorce

2. If she is not appearing before court for second motion then the court may adjourn the case for next date of hearing.

If she withdraws her consent then you can convert it to contested divorce case.

There's no option of filing another case for second motion, you have to continue with the same case but should file affidavit individually.

There's no necessity to file any interlocutory application during second motion.

You can simply appear before court.

Here's a concise answer to your questions about the second motion in a mutual consent divorce under the Special Marriage Act (SMA):

1. Filing the Second Motion:

   • You do not need to file a separate case for the second motion. The second motion can be filed as an interlocutory application (IA) in the same case where the first motion was filed. This is a continuation of the original case, not a new one.

2. If Your Wife Doesn’t Appear for the Second Motion:

   • If your wife does not appear or withdraws her consent, the mutual consent divorce cannot proceed, as both parties must agree throughout the process. In this scenario, you may need to explore filing for divorce on other grounds. Additionally, if her absence violates the Memorandum of Understanding (MOU), you could consider legal action for breach of the MOU terms, though this may vary depending on its enforceability.

Consult your lawyer to file the second motion as an IA in the same case and discuss alternative legal options if your wife does not cooperate.

Dear Client,

In the Present Scenario, in any case of mutual divorce under Section 13B of the Hindu Marriage Act, after completing the first motion, the second motion is generally filed in the same case, and you may not have to file a separate petition. The second motion is like a continuation where both parties reconfirm their mutual consent to divorce after the mandatory 6-month cooling-off period. However, if your wife refuses to appear for the second motion or violates the terms of the Memorandum of Understanding that both of you signed, you may not be entitled much for a remedy, as mutual consent of divorce is on the basis of voluntary consent. If she withdraws from the process by withdrawing her consent, you cannot force her to participate in the process and continue with a mutual divorce. Nevertheless, you may file a contempt petition, stating that she has violated a court order or the MOU. However, if she still refuses for divorce, you may file an application under §13 of the Act, under any of the grounds mentioned. Though the may be time consuming, this may be an option to consider.

Hope you find this answer beneficial for resolving the dispute.

No it’s not filed a separate case and it is a continuation of the earlier proceedings 

Dear Sir,

Second motion case to be filed independently and not as in IA in the case of first motion. 

1. After allowing the first motion , the parties will have to file Second motion petition before the same Court. 

2. Parties can refuse to proceed further for second motion , however the refusal of second motion can be a ground for divorce. 

- However, the mutual consent with the provision of two motions not applied to the Muslim.