Divorce
Querist :
Anonymous
(Querist) 12 January 2010
This query is : Resolved
Hi,
Is it necessary to complete 3 yrs. of marriage to file a petition of Divorce by mutual consent?
can the petition for divorce by mutual consent be filed before completion of 3 yrs. from marriage?
A V Vishal
(Expert) 12 January 2010
Divorce by mutual consent can be obtained by Husband and Wife in terms of Section 13 B of the Hindu Marriage Act, 1955. The provisions of the said Section require that the husband and wife should be living separately for a period of more than 1 year and they are not able to live together any further. "Living Separately" has been now defined by the Supreme Court as "not living as husband and wife and not performing marital obligations", even if the husband and wife are living under the same roof.
A joint petition has to be filed in this regard and after the filing of the same the Court grants a minimum period of six months (and maximum 18 months) for the parties to come again and make a statement confirming the said consent. It is only after this second consent having been given by both the parties after six months of the filing of the petition for mutual consent, that a decree for divorce is passed by the Court. If during this period of six months after the filing of the petition, any of the parties withdraws the consent, the divorce can not be granted. Further, apart from the same, before passing a decree of divorce, the court has also to be satisfied that the consent has not been obtained by force, fraud or undue influence.
Sukhija
(Expert) 13 January 2010
answer to ur question is No, not necessary to complete 3 yrs. of marriage to file a petition of Divorce by mutual consent.
Yes, the petition for divorce by mutual consent be filed before completion of 3 yrs. from marriage.
the husband and wife should be living separately for a period of more than 1 year and they are not able to live together any further, they can file petition for mutual consent divorce.
Raj Kumar Makkad
(Expert) 13 January 2010
It can be filed even after 1 year of performing the marriage.
B.B.R.Goud.
(Expert) 15 January 2010
sir
i agree with learned counsel/friend Mr vishal
