Mutual consent
Pavan S
(Querist) 28 September 2017
This query is : Resolved
Dear all,Can the judge give decree of divorce under section 13 b sub section1 as my petition under mutual consent is not withdrawn. Please suggest me
Pavan S
(Querist) 28 September 2017
My wife is denying me to give divorce under mutual consent. The mediation was also not successful.
Guest
(Expert) 28 September 2017
Appreciate mentioning " My Wife ".Yes she is and she prefers to be forever.Go for an amicable compromise and settle your life with her in a pleasant manner and lead a peaceful life.
Guest
(Expert) 28 September 2017
Mutual consent could be withdrawn on various justifiable reasons like a simple example '" filed on compulsion/force"
Advocate M.Bhadra
(Expert) 28 September 2017
The divorce petition by mutual consent is in the form of affidavit, which is to be filed to the Family Court or District Court. After the filing of the petition and recording the statement of both the parties, the court generally adjourns the matter for a period of 6 months.After six months the parties have to present themselves again in the court for making final hearing and confirming the mutual consent filed earlier. It is only after this second motion that a decree of the divorce is granted by the court.
During this period of 6 months when the petition is pending in the court, any of the partner is fully entitled to withdraw the mutual consent by filing an application before the court stating that he/she does not wish to seek divorce by mutual consent or may absent for dismiss by default .
If there is no option available to the other party to such circumstances except to file a normal petition for divorce by one side under the provisions of the Section 13 of the Hindu Marriage Act, 1955
Vijay Raj Mahajan
(Expert) 28 September 2017
The provision of section 13B HMA provides for finalisation of divorce or withdrawal of the petition from 6 months up to 18 months, if the petition is not prosecuted up to 18 months after the presentation of the petition the petition is dismissed even if there was no withdrawal by both or either party. No ex-parte divorce allowed if one of the party fails to appear at the time of second motion even if there is no withdrawal of the consent, the Family court will wait up to 18 months maximum before it dismisses the petition.
Rajendra K Goyal
(Expert) 28 September 2017
Well advised, agree with the expert Vijay Raj Mahajan.
Guest
(Expert) 28 September 2017
When a Child addresses elders it should address with due respect.
Kumar Doab
(Expert) 28 September 2017
Let your spouse withdraw, if your spouse wants.
Since you have time apply your resources to see if you can convince the spouse not to withdraw and liberate from marriage that has been marred by disputes.
Rajendra K Goyal
(Expert) 28 September 2017
Some experts are in the habit of posting cheap comment on me / experts. They should not take pain to send message for feeling sorry and regret to me at least.
Any regret message from anyone embarrasses me. I do not like anybody feel sorry before me and hence feel small. I believe in respect and equality to all.
Rajendra K Goyal
(Expert) 28 September 2017
Experts should abstain commenting on other experts. Difference of opinion can be there, decorum need to be maintained.
Guest
(Expert) 28 September 2017
My humble request do not insult the Querist Posting as Anonymous .If you are not ready to reply do not reply than insulting.
Kumar Doab
(Expert) 28 September 2017
The query is Not AQ................and is duly replied...........
Kumar Doab
(Expert) 28 September 2017
AQ is not replied.................
All querist may pls post with their ID...............
Kumar Doab
(Expert) 28 September 2017
NO querist may pls post /attach;
Photo
address
phone number
email id
names
Logo etc
The risk of approaching the employers/OP's by unscrupulous entities can not be ruled
out.......................
There are enough instances e.g;
Employers being asked to transfer all employees 50/100 from one border of Republic of India (
Amritsar) to another (China) and even.............Bombay.........
Shri Kumar Doab has not annoited, designated IT=@PSD as anything................even if IT claims
that is agent..........
Kumar Doab
(Expert) 28 September 2017
Generosity can not be eternal...............
Every expert, member, querist has been abused, attacked by habitual abusers and offenders at LCI although they post photos of very old, diseased, sick persons and post quotes from holy books................but indulge in it such stinking stenching conduct only to allure and fleece unsuspecting querists.......................and to subdue, Experts hat want to do service for noble cause at LCI.............and post highly illustrated threads and support with citations, judgments, applicable enactments...............
Kumar Doab
(Expert) 28 September 2017
ALL Readers
LCI Admin
must make proper note.
Rajendra K Goyal
(Expert) 28 September 2017
N.J.S.Rajkumar alias narasimha
Let the administrator decide and point if the reply is insulting would not hesitate to feel sorry if pointed, do not try to be self styled master on unrelated matter.
Your request is not acceptable,.
Guest
(Expert) 28 September 2017
Only the class miss could handle the child strictly please
Rajendra K Goyal
(Expert) 28 September 2017
Some experts are very serious to increase no. of posts through vague / unwarranted / irrelevant posts. A good method to increase replies without having legal knowledge.
Guest
(Expert) 28 September 2017
Very good appreciate it.I would get you a chocolate if you repeat it for 100 times
Guest
(Expert) 28 September 2017
Go On ..........Complete 100 times before your dinner
Rajendra K Goyal
(Expert) 29 September 2017
It would be better if the expert would have posted / contributed for the thread rather to go on posting just to satisfy his ego / irritation / frustration.
Guest
(Expert) 30 September 2017
The Child could recommend the Tuition Class which it attends please
Guest
(Expert) 30 September 2017
As the Child is from Karachi it could help me out in getting a Student Visa to accompany it to the Tuition Class please
