Information on divorce procedure

MCD is best way out......................very quick too (6 months)

Exhaust urself to explore this possiblity. Contested divoces are very very lengthy!

for the purpose of mutual divorce, one year sepration separation is mandatory. so either wait for one year if husban is agree or file divorce on the grounds of cruelity if you can prove other wise wait for two years then you can seek divorce on the ground of disertion.

MCD 

Could you give me a bit more information on MCD.

13B.    Divorce by mutual consent

(1)       Subject to the provision 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 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 they 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 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petition referred to in sub section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being  satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has  been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 decree]

COMMENTS

Where a petition for divorce is moved under s. 13 the same can be converted into a petition under s. 13B provided it is duly signed by both the parties and  therby giving issue to a divorce on the ground of mutual consent.-Kuljit Kaur v. Harjit Singh 1989(2)HLR 72.

Where one of the parties has withdrawn the consent then the  petition moved and section 13B has to be dismissed.-Gautam Basu v. Nina Basu 1990(2)HLR 496

Does living seperately refered to in 13B (i) clause above means that husband adn wife should have been lived seperately immediately before filing the application for divorse.. or is it possible that they lived seperately for an year and then tried to work upon marriage and lived together for 4 months.. and then if not worked out, filing application for divorse.

Under such a case can we say that they lived seperately...and also tried to solve issues but could not continue with marraige..

Just living  from past 2-3 month.

Court will take time for passed the order for divorce. If file divorce petition from one side only..

But in mutual divorce it will take only max six month.

13B.    Divorce by mutual consent is the fastest easiest solution. 

some one   tell me  plz   what about the  minimum  &  maximum time limit  of contested divorce...                                                                                                                                                                                  

in case of contested divorce, minimum two year separation is required. as far as time limit of finishing of  case is concern, no limit in indian judiciary.                                   

W R O N G proposition.