Divorce from section 13(a) to 13(b)

Has your advocate ever done this in any previous case, ask him to show the complete case file of previous case.

The divorce by mutual consent under section 13B HMA is entirely different from section 13(1) HMA and these two cannot be intermixed by any manner, either you go ahead with section 13(1) or section 13B HMA at one time and do it as per the provisions of law.

I know some stupid lawyer in Hyderabad court had done this in one of the case there for his client that came to me in Gurgaon by his wife who lives here and I got that decree of divorce passed under section 13B HMA where as the original petition was under section 13(1) HMA,, and no petition was ever filed under section 13B HMA, revoked by the Family Court, Gurgaon and that was even upheld by the Punjab & Haryana High Court later on.

like to knw in tht case wht is position of the case ?
is it not duty of concerned hon'ble judge not to pass order ?

I'm attaching the Punjab & Haryana Court judgment for your reference.

Thanks for providing this information.

The lawyer must be referring to a recent bombay high court judgement which stated that the 6 month waiting period could be waived off , if the litigation was pending since a year ago. However I dont think that judgement is being followed anywhere.

Dear Sir ,Can you shared me the case detail or link to download judgement copy ?

lower courts do nt waive off 6 mnths cooling off period

the date u CONVERT ur 13-a to 13-b, minimum 6 mnths u have to wait for getting divorce

Sir

i am also facing same problem. we applied in 13b, 2 days back, (13(1)a already pending since 2 years). Now Judge told us to produce some ruling of rajasthan HC or Supreme court so that i m convinced and 6 month period can be adjusted.

I will be greatful if some experts can post such judgements which can help me .

Our next date is after 5 days

thanx

Please don't get misguided by any judgment that was overruled by the Supreme Court of India. Read the one I'm sending here.

Please also see my profile to know the drawbacks of mutual consent divorce.