Divorce U/s 13B of the HMA 1955
Querist :
Anonymous
(Querist) 29 May 2010
This query is : Resolved
My wife want Divorce under mutual concent from me. I am going to appear before the court for the same. I want to know that if subsequently I withdraw my concent, can she afterwards lodge any complaint of any kind e.g. 498a etc. At present no complaint against me of any kind. Also no any other grounds for divorce U/s 13(1). She had left my home voluntarily on 24.04.2009. We are living separately since Sep'2009. Till Sep'2009 there were husband-wife relation between us.
Devajyoti Barman
(Expert) 29 May 2010
The allegations under section 498A IPC can still be labelled against you unless it has specifically stated in the petition u/s 13B that the wife has got no allegations against the husband.
The divorce can be filed on several grounds as mentioned in section13 of the Hindu Marriage Act including for the reason of cruelty and desertion.
