satya (Manager) 20 November 2011
My mutual consent divorce is pending in family court. I want to file divorce under section 13A of Hindu marriage act 1955 on the basis of cruelty and desertion. Whether it is permitted as per rule as my wife have submitted an application for withdrawing consent in mutual consent divorce? Please guide me
Adv. Chandrasekhar (Advocate) 20 November 2011
If the court allows her application to withdraw MCD, then you are entitled to file a contested divorce petition.
Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 20 November 2011
Yes, you can withdraw your MCD and file on available grounds.
shalaka rajput (Advocate) 20 November 2011
yes u can file a petition u/s. 13 a, by withdrawing the petition filed u/s. 13B
ravivakill (ADVOCATE) 20 November 2011
after the expiry of manadatory period i.e. 6 months if judge allows
Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 22 November 2011
Yes unless you have given consent for 2nd motion.
But why would you want to do it? Is your spouse getting married and seems to be happier now, which you are unable to digest?
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