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kumar (ooo)     19 June 2015

Is this possible?

Dear Friends,

 My wedding broke within one month and I applied for Marriage Null and Void under Section                12(i) A and C in Family court Bangalore.

My wife(Respondent) filed objection Restitution of Conjugal Right Under Section 9.

The case almost dragged for 2 years and it is almost 2 years we got married.

Now case has come to Petitioner's Evidence Stage.

Now Myself and My Wife have come to decision to get Mutual Divorce ambically.

My Question is :

1) Can Myself and My Wife can apply Joint Memo/Joint Affidavit in Court to get divorcee under current Null and Void case and get Divorce within one or two months.

                                            OR

2) Should we both need to apply fresh application Under Section 13-B and wait for another 6 months        to get Divorce.

Please suggest

Thanks in advance                                                                                                                         Kumar



Learning

 14 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     19 June 2015

A judgment for mutual divorce is passed out only if all the necessary agreements required for a mutual divorce in India are strictly maintained. The husband and the wife should come to terms of settlement regarding the following issues.

  • Custody of Child
  • Return of Dowry Articles / stridhan of Wife
  • Lump Sum Maintenance amount of Wife
  • Litigation Expenses

saravanan s (legal advisor)     19 June 2015

i think you can request the honourable court to waive off the six month cooling off period by showing the annulment case which is going on for two years

saravanan s (legal advisor)     19 June 2015

refer this https://menrightsindia.net/2010/03/mumbai-hc-waives-6-month-waiting-period.html

Supreme Court of India only which has extra ordinary powers under Article 142 to grant relief under section 13B of the Hindu Marriage Act,1955 without waiting for statutory 6 months period thus waving off the said cooling period and pass decree of divorce immediately.The Supreme Court of India in Anil Jain v/s Maya Jain case clarified this issue.

Adv k . mahesh (advocate)     19 June 2015

if the respondent your wife is also agreed for the same then she can file a petition for no objection in the same case without going for mcd and pray the court to declare the marriage as null and void but how many days you both stayed as mentioined thus consummation taken place

Adv. Chandrasekhar (Advocate)     19 June 2015

If you want to go through MCD, there is no  other way except to file fresh petition and get first motion recorded and wait for six months and get second motion recorded to get divorce decree.  The family courts have no power to waive off the cooling period of six months, even though the petition u/s. 12 or Section 9 is pending for a pretty long time.

BHANU RASPUTRA (ADVOCATE & SOLICITOR divyatta.r@gmail.com)     19 June 2015

yes . file mutual consnt temrms in present matter

kumar (ooo)     19 June 2015

We stayed together just one month and marriage was not consumated. Same thing is mentioned in my petition and submitted to court. Even my wife in her objection restitution of conjugal rights has mentioned same that we stayed for one month and marriage was not consumated. Now both of us decided to take divorce by returning back what was given and taken during wedding. I and my wife are ready to return back what was given during wedding. But we want divorce under current null and void case as soon as possible instead of filing fresh 13-B case and then wait another 6 months . Our null and void case has almost dragged in court for 2 years. From last 2 years we are staying separate.

kumar (ooo)     19 June 2015

We stayed together just one month and marriage was not consumated. Same thing is mentioned in my petition and submitted to court. Even my wife in her objection restitution of conjugal rights has mentioned same that we stayed for one month and marriage was not consumated. Now both of us decided to take divorce by returning back what was given and taken during wedding. I and my wife are ready to return back what was given during wedding. But we want divorce under current null and void case as soon as possible instead of filing fresh 13-B case and then wait another 6 months . Our null and void case has almost dragged in court for 2 years. From last 2 years we are staying separate.

kumar (ooo)     19 June 2015

We stayed together just one month and marriage was not consumated. Same thing is mentioned in my petition and submitted to court. Even my wife in her objection restitution of conjugal rights has mentioned same that we stayed for one month and marriage was not consumated. Now both of us decided to take divorce by returning back what was given and taken during wedding. I and my wife are ready to return back what was given during wedding. But we want divorce under current null and void case as soon as possible instead of filing fresh 13-B case and then wait another 6 months . Our null and void case has almost dragged in court for 2 years. From last 2 years we are staying separate.

kumar (ooo)     19 June 2015

We stayed together just one month and marriage was not consumated. Same thing is mentioned in my petition and submitted to court. Even my wife in her objection restitution of conjugal rights has mentioned same that we stayed for one month and marriage was not consumated. Now both of us decided to take divorce by returning back what was given and taken during wedding. I and my wife are ready to return back what was given during wedding. But we want divorce under current null and void case as soon as possible instead of filing fresh 13-B case and then wait another 6 months . Our null and void case has almost dragged in court for 2 years. From last 2 years we are staying separate.

kumar (ooo)     19 June 2015

Sorry due to some keyboard issue my reply is posted multiple times

kumar (ooo)     19 June 2015

Sorry due to some keyboard issue my reply is posted multiple times

Dr J C Vashista (Advocate)     20 June 2015

You should apply for annulment of marriage instead of moving for MCD.

No affidavit, as such shall have the force to get the marriage annulled/passed a decree of divorce. If decided to go for mutual consent divorce you shall have to have 6 months cooling period after first motion.

Consult a local lawyer for further opinion, advise, guidance and proceeding in a professional manner.

Best wshes.

Biswanath Roy (Advocate)     23 June 2015

Once you submitted before the court the marriage is a nullity how you can retract from that claim? Where marriage has been admitted as lawful marriage by both of the parties in that event Divorce attracts.  But not otherwise. When the matter is at the evidence stage better you compleat your evidence and await for the judgement.


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