karthik 08 February 2016

Divorce on 13 i i(a) hindu marriaege act

Dear Sir/Madam,

I applied for divorce case in bangalore family court of around a year back. In responce to that she filed 498a, DV on all my family members.

Now we settled the matter in out of court. She is ready to withdraw all cases filed by her. Both parties are in hurry to get divorce now.

Can i file Compromise petition in Family court Bangalore, to decree of divorce... Now she is also willing to get divorce ..but we dont want to wait for 6 months by filing MCD. ...since already case is running under 13 i, i(a), can we request honourable court to grant decree of divorce immediately?? How much time it take to get decree of divorce if both parties agrees? Please help me on this?

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2 Replies

Vijay Raj Mahajan (Advocate) 08 February 2016

Even if both have compromised, the original divorce case under section 13(1)(ia) of HMA has to be withdrawn and fresh joint petition u/s 13 B HMA by both of you have to be filled that will be finalized after 6 months period only. The District Court/Family Court cannot condone the 6 months waiting period in any circumstance. The only court that can condone the 6 months period is Supreme Court of Indian in special cases only and not as matter of practice.