Expert opinion
drsxprt
(Querist) 04 May 2013
This query is : Resolved
Marriage of my friend was solomonized as per hindi rites on jan 2012. Wife left matrimonial home on march 2012. On march 2013 parents of the wife came and told that they want Mutual Divorce.
My Query .
1 can MCD be filed within 1 yr 3mth of the marriage ( as marraige was solomonised on jan 12 )
2. as per law no divorce petition can be filed within 1 yr of the marriage and for MCD 1 yr of sepration is must . AND IN THIS CASE one year after the marriage had completed on jan 2013 , and 1 year of sepration had completed on march 2013. BUT THE MARRIAGE IS 1 yr and 3 MTH OLD.
3. do the limitation time run simultanusly or do my friend has to wait till JAN 2014 or can MCD petition be filed.
ajay sethi
(Expert) 04 May 2013
they can file for divorce by mutual consent as they have stayed separate for period of 1 year after marriage .
Advocate Bhartesh goyal
(Expert) 04 May 2013
MCD petition can be filed after laps of one year from separation of spouse from each other.
Devajyoti Barman
(Expert) 04 May 2013
The MCD can be filed now and since it is mutual petition then can agree to mention any date of one year before so then same be filed now.
Both the period run simultaneously.
