Hindu marriage act
miss.munnowara f. pakajade
(Querist) 16 January 2013
This query is : Resolved
Respected, thanks to all panelists for replying my all previous queries. now I am representing both husband and wife in a petition under s.13(b) under the Hindu Marriage Act. Previously I have filed an application against the husband under the Domestic Violence Act. In that I have mentioned that wife is living at her maternal home since 20/03/2012. for a divorce by mutual consent, both are required to living separately for a period of one year or more. In the instant case, this requirement is not fulfilling. My query is, whether a separation period is changed? Whether mutual divorce petition can be filed before fulfilling statutory separation period? Please reply. Thank you!Respected, thanks to all panelists for replying my all previous queries. now I am representing both husband and wife in a petition under s.13(b) under the Hindu Marriage Act. Previously I have filed an application against the husband under the Domestic Violence Act. In that I have mentioned that wife is living at her maternal home since 20/03/2012. for a divorce by mutual consent, both are required to living separately for a period of one year or more. In the instant case, this requirement is not fulfilling. My query is, whether a separation period is changed? Whether mutual divorce petition can be filed before fulfilling statutory separation period? Please reply. Thank you!
ajay sethi
(Expert) 16 January 2013
wait for expiry of one year . since 10 months have alrready passed heavens wont fall if you wait for another 2 months . both have to stay separate for period of one year for filing petition for divorce by mutual consent
R.K Nanda
(Expert) 16 January 2013
no more to add.
Raj Kumar Makkad
(Expert) 18 January 2013
I do endorse the advice of Ajay on this issue.
