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Author Topic: Refused to go for second motion in mutual divorce, how to get Divorce  (Read 2102 times)

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Offline advuma

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During the 6 months period when the petition is pending , any of the spouse is fully entitled to withdraw the mutual consent.

In such a case no divorce decree can granted by the court.

The consent can be withdrawn during this period of 6 months by either of the spouse, by filing an application before the court stating that he/she does not wish to seek divorce by mutual consent.

The court is bound under such circumstances not to grant a decree of divorce.

There is no option available to the other party to such circumstances except to file for contested divorce under the provisions of the Section 13 of the Hindu Marriage Act, 1950 .

In such a situation divorce can be granted only on certain specified grounds as mentioned in the said provision . These grounds include cruelty; desertion; voluntary sexual inter-course with another person; the other spouse being of unsound mind; conversion of religion by the other spouse; Leprosy; venereal disease; a spouse having renounced the world or being missing for a period of more than 7 years.
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Hi, I am advocate Uma Saika, from Assam

Offline AmolM

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Re: Refused to go for second motion in mutual divorce, how to get Divorce
« Reply #1 on: October 08, 2013, 08:25:16 AM »
What will happen if we broke the conditions of mutual divorce petition???

 

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