Mutual diverce
pushpakrishna
(Querist) 05 June 2014
This query is : Resolved
Dear experts,
a wife and husband got married 4 years back and living separately since 3and eight months due to differences between them. many medications from the both sides all are in vain.now they wants have mutual divorce from the Hon'ble court.is there any MANDETORY provision to wait for SIX MONTHS to have the divorce from the court. or any other alternative from the court .there is no scope to live together by the both sides. kindly advice in this regard. Thanq.
ajay sethi
(Expert) 05 June 2014
you have to stay separate for 1 year and then file for divorce by mutual consent .
6 months waiting period is must for divorce by mutual consent .
Devajyoti Barman
(Expert) 05 June 2014
Yes 1 year of separation and six months of waiting after filing is needed for mutual divorce.
V R SHROFF
(Expert) 06 June 2014
13B:
Minimum 1 yr separate resided
6 months waiting in court+2 months for procedures to get Decree etc.
Raj Kumar Makkad
(Expert) 06 June 2014
As experts have well advised on the issue, no more to add.
pushpakrishna
(Querist) 06 June 2014
my dear respected experts,
after marriage the BOTH are living SEPARATELY 3 years and eight months. my doubt is that again they have to wait for six months.kindly clarify. thanq.
V R SHROFF
(Expert) 06 June 2014
yes, after filing 13B, sepn for 6 months mandatory.
T. Kalaiselvan, Advocate
(Expert) 09 June 2014
A mandatory six months waiting period has to be observed for mutual consent divorce, hence if reconciliation is not at all possible, talk to her side and ask her give her consent for divorce and proceed.
Raj Kumar Makkad
(Expert) 09 June 2014
6 months period can be condoned only supreme Court of India.
pushpakrishna
(Querist) 22 June 2014
Dear experts, and Rajkumar makked ji,
your good office saying that 6 months period has to condone only by the Hon'ble SC.but recently a wife and husband filed a joint petition for mutual divorce in a court.the court is granted divorce on the day it self.as per as my knowledge is concerned they did not got con donation by the Hon'ble SC.But they was living separately since one and half year.Thank you sirs.
ajay sethi
(Expert) 22 June 2014
surprising how court passed orders on same day . 6 months waiting period is mandatory
Raj Kumar Makkad
(Expert) 22 June 2014
The ignorance on the part of the judge cannot be ruled out in the given situation otherwise it is not possible as you have narrated.
pushpakrishna
(Querist) 24 June 2014
Thank you Experts for your kind response.
ajay sethi
(Expert) 25 June 2014
thanks for your appreciation
