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Author Topic: Divorce through Mutual Consent  (Read 908 times)

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Offline deepapearl

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Divorce through Mutual Consent
« on: March 27, 2016, 07:21:53 AM »
I have been separated from my husband for 6 years. Recently I have filed divorce case under section 13 Hindu marriage act 1955 without my husband's consent. Now my husband is ready to get divorce through mutual consent. What should I do now ?

Do I need to withdraw my first case which I have already filed without my husband's consent ? Or I can add the mutual consent application in that already filed case ?

Please give me advice in this matter.

Thanks in advance for your needful help.

Deepa

Offline advkartik

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Re: Divorce through Mutual Consent
« Reply #1 on: March 27, 2016, 07:19:50 PM »
Yes you have to withdraw the contested divorce, than only you can file for mutual consent divorce

Offline adv.amarnath

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Re: Divorce through Mutual Consent
« Reply #2 on: March 27, 2016, 08:28:47 PM »
There is a doubt for filing a petition under Section 13B in a suit for divorce under section 13 of HM act because as per Hon'ble High Court Calcutta, three bench has passed a judgment that Section 13 and Section 13B both are separate in nature so in a single case both application cannot be entertained. It has been specifically mentioned that 13B should be file before original court i.e. District Judge, separately.  But some court's still continuing to practice of filing scetion 13B petition in a matrimonial case under section 13.

For your safety I suggest that you first file a joint petition with your husband in present matrimonial case with specific averments that both parties intends to go for mutual divorce and for same present matrimonial suit should be withdrawn. On the date of withdrawal of such case, mutual divorce petition should be filed. In this process there is a scope of being fooled you by your husband only to kill time.

Another procedure is that you and your husband jointly file a mutual divorce petition without withdrawing the present matrimonial suit. After hearing of mutual divorce then you can stop attending the present case which will be dismissed automatically.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline rajgopal sripathi

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Re: Divorce through Mutual Consent
« Reply #3 on: March 28, 2016, 08:39:05 AM »
Hi
You can request the court to treat the application filed under Section 13B of the Hindu Marriage Act with a prayer to
treat the divorce petition pending before the Family Court, as an application under Section 13B of the Act and
treat the present application as second motion and grant divorce by way of mutual consent.
Rajgopal Sripathi
Mobile:9704772200
email:rajgopal@legalwin.in

Offline deepapearl

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Re: Divorce through Mutual Consent
« Reply #4 on: March 29, 2016, 01:36:31 AM »
Hello Everyone,

Thanks for your valuable advice..

First, I want to know that, how much time should be taken to get divorce through mutual consent ?

Second, as per your advice I discussed with my advocate about second procedure which is my husband and I jointly file a mutual divorce petition without withdrawing the present matrimonial suit and after hearing of mutual divorce then I will stop attending the present case but my advocate told me that there must be penalty for this process.
Therefore I want to know that, is there any penalty for this process in court procedure and what kind of penalty I will have to pay for this process ?
Please give me needful advice in this matter.

Thanks in advance for your needful help.

Deepa.

Offline adv.amarnath

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Re: Divorce through Mutual Consent
« Reply #5 on: March 29, 2016, 08:05:29 AM »
Time consumption for mutual divorce is 8 to 12 months tentatively.

There is no penalty. He is fooling you to extract money.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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