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Quashing 498a

(Querist) 28 March 2012 This query is : Resolved 
She is backout from 13b then how can be possible of mou
Shonee Kapoor (Expert) 28 March 2012
Then also, there would have been an agreement as per which term 13B first motion would have been filed/

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
Shonee Kapoor (Expert) 28 March 2012
Also please stick to one thread only. Don't start a new thread for every query.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
Advocate M.Bhadra (Expert) 28 March 2012
Try to file a suit for Divorce on Mutual Consent failing which you can file Divorce suit u/sec.13 H.M.Act by your side on contest.
SAINATH DEVALLA (Expert) 29 March 2012
Dear Davinder,

File for divorce u/s 13B HMA.Contest well.

Find below 13 B:

Section 13B in The Hindu Marriage Act, 1955:
13B. Divorce by mutual consent.
(1) Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws Amendment Act, 1976 , (68 of 1976 .) on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that thy have mutually agreed that the marriage should be dissolved.
(2) On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub- section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decre
Shonee Kapoor (Expert) 30 March 2012
Dear Mr. DEvalla,

The lady has withdrawn from Mutual consent.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com



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