Divorce U/s 13B

Querist : Anonymous (Querist) 04 March 2010 This query is : Resolved
Sir,
We had filed for divorce u/s 13B and also our 6 months stauatory period will get over next month.Wht would be the next course of action Will divorce be granted after this or will it get prolonged

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Parveen Kr. Aggarwal (Expert) 04 March 2010
Generally a court wherein petition under section 13-B of the Hindu Marriage Act, 1955 is filed, fixes a date beyond six months after first motion. On the second motion, both the petitioners appear and get their statements recorded to the effect that during the intervening period they have not met/cohabited and that there are no chances of re-union and thereupon the Court grants a decree for divorce by mutual consent. In your case if no such date is fixed then you may file an application after the expiry of period of six months and get the file restored and then get your statements recorded. Then the Court shall grant you a decree.

Raj Kumar Makkad (Expert) 04 March 2010
You both shall have to appear on the date fixed and your final statements shall be recorded and as per general practice on the same day decree of divorce shall be passed if you still are of the same view.

Guest (Expert) 04 March 2010
i di agree with experts.

Sachin Bhatia (Expert) 04 March 2010
If both of you are still of the same view then after recording the statements decree of divorce shall be passed.

Shraddha Dalvi (Expert) 05 March 2010
it will not be prolonged if both the parties after six months appear in the court and record their statement that they are not interested to co habit. If any consent terms are made then comply of consent terms on time is must to avoid any delay.

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