Mutual consent divorce
shauna
(Querist) 12 July 2012
This query is : Resolved
My marriage was registered under Hindu Marriage Act,10 days after the marriage was solemnised in a social marriage.
I stayed only for 5 days with my husband at in-laws place where i fell ill,
hence the marriage was not consummated.
Now i have filed for mutual consent divorce after 1 year of marriage registration.For the past one year
i have been living seperately from my husband.
My lawyer has added the clause "the marriage was duly consummated" in my Mutual Consent Divorce petition(section 13B) and is insisting that the court will not grant divorce unless this clause is added and we will have to give
appropriate justification to the court for non-consummation of marriage.
Is it really necessary under Hindu Marriage Act,1955 that the marriage has to be consummated in order to get a mutual divorce?
ajay sethi
(Expert) 12 July 2012
not necessary to mmention any grounds for divorce by mutual consent . only requirement is that they should be marroed for one year before application is made
ajay sethi
(Expert) 12 July 2012
In Kirtibhai Girdharbhai Patel v. Prafulaben Kirtibhai Patel AIR 1993 Gujarat 111, the meaning of expression ?have been living separately? has been explained and according to it, it is not necessary that spouses should live in separate premises. Merely going abroad jointly and staying under one roof is not living as husband and wife and it cannot be ground to refuse divorce when marriage has not been consummated for more than one year.
shauna
(Querist) 12 July 2012
The reason for divorce in this mutual consent divorce petition(under section 13 B of Hindu Marriage Act,1955) was incompatibility. But the lawyer has also added the clause that "marriage was duly consummated".
I want this clause to be removed. But according to lawyer, consummation status should be included in petition. Further, if it is mentioned that the marriage was not consummated, then according to my lawyer, appropriate reasons like impotency etc have to be shown.
Is it possible to file the petition without any mention of consummation status at all??
shauna
(Querist) 14 July 2012
I have another question. In case i want to withdraw my mutual consent divorce petition to formulate a new one and then file it, can i proceed for this alone? My lawyer is misdirecting me and my husband is a really rich person who can manipulate my lawyer.
