Baadal khurana (none) 15 February 2015

Mcd 13b fall out leading to contested divorce

MCD 13B initial motions did not conclude case as one party did not agree to divorce since Cr PC125 case is pending even though petition in MCD states that there are no cases open and there will be no claim in future.

MCD is scheduled for next motion and on same day one spouse has filed case for contested divorce under section 13. Is this legally valid ? Can divorce case be registered under section 13 while 13B case is pending ? Isn't this violation of petition filed for 13B ? If this is wrong, what can be done ?

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saravanan s (legal advisor) 15 February 2015

During the second motion petition if one of the parties doesn't agree and withdraw the petition then MCD will get converted to contested divorce

T. Kalaiselvan, Advocate (Advocate) 18 February 2015

During the second motion of the mutual consent divorce, if one party is withdrawing the consent given, then the case will be dismissed and will not be converted as contested. there is nothing wrong if one of the parties is filing a petition for contested divorce simultaneously because the cause of action will differ to that of the existing one hence it is maintainable. Even now, if both the parties reconcile all the differences between them, the matter can be solved amicably, see where the engine is struck now.

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