Hindu Law

Satyendra Kumar Pandey (Querist) 01 October 2009 This query is : Resolved
whether a case of Section 13 Hindu Marriage Act be decided on accepting total petition of applicant, as Section 13-B of Hindu Marriage Act?

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Adinath@Avinash Patil (Expert) 01 October 2009
MR.SATYENDRA,
YES WHY NOT, IF BOTH PARTIES ARE READY TO DISOLVE THEIR MARRIAGE BY MUTUAL CONSENT, COURT WILL PASS DECREE U/S 13[B] OF HINDU MARRIAGE ACT.

Kiran Kumar (Expert) 01 October 2009
yes Mr. Pandey, a court is competent to treat a pending divorce petition under S.13 of HMA as Divorce Petition under S.13-B of HMA, it depends upon court also, the judge may invite application or may do it on oral request.

adv. rajeev ( rajoo ) (Expert) 02 October 2009
I agree with both the learned members/

Raj Kumar Makkad (Expert) 02 October 2009
I also agree with the opinion of Kiran & Adinath sir.

Sarvesh Kumar Sharma Advocate (Expert) 02 October 2009
yes offcourse,

Sachin Bhatia (Expert) 02 October 2009
Yes if both the parties are ready for divorce, then court can treat a pending divorce petition under S.13 of HMA as Divorce Petition under S.13-B of HMA.

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