Hindu marriage act
miss.munnowara f. pakajade
(Querist) 20 December 2012
This query is : Resolved
respected,
now i am dealing with hmp u/s.9. the girl appears in the court and she don't want reside with her husband. as wife is not willing to cohabit with her husband, he is also thinking about divorce.
whether a petition u/s.9 can be converted into s.13[b]? or whether i should file seperate petition u/s.13[b]? what things should be consider on behalf of wife? what things court always consioder while disposing it? what conditions can be imposed on behalf of husband? please reply. thanking you!
Raj Kumar Makkad
(Expert) 20 December 2012
This petition cannot be termed as desired rather a separate mutual petition shall have to be filed and conditions depends upon mutual agreement. Court deems fit as jointly agreed to by concerned parties.
Devajyoti Barman
(Expert) 21 December 2012
Yes the proceeding can be converted in to proceeding for mutual divorce by filing a conversion petition u/s 151 cpc along with a petition for mutual divorce u/s 13B.
Try to incorporate all the terms oaf conditions upon which both parties agreed to mutually divorce each other like exchange of alimony, waiver of maintenance, exchange of articles etc.
Raj Kumar Makkad
(Expert) 21 December 2012
Instead of conversion of earlier filed petition, it requires withdrawal and fresh filing under section 13B is must.
