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Sec 13 b hma

(Querist) 14 July 2014 This query is : Resolved 
Hello Learned Experts.

I'm glad to inform you that today my wife had come to the mediation centre. In the mediation room my wife informed the mediator that she is no more interested in Conjugal relationship and need divorce.

Mediator asked any other demands, she told no and money of xxxx to be handed over in front of the judge.

The mediator immediately asked us to wait that they will prepare the Agreement. Agreement was prepared both the lawyers reviewed and we both reviewed it and signed on the docs and the mediator immediately passed the file to the director of the court and to the 2nd Additional judge at the family court.

The judge called both of us and asked are you taking this decision at free will we both said okay. Judge asked me to hand over the DD and I handed over the DD and Judge double checked with my wife regarding the amount when my wife confirmed the same. She told the order will be passed on 15-July-2014.

I believe the Divorce Decree is passed as per today's activities? Need to know the further process...
ajay sethi (Expert) 14 July 2014
divorce order has not be passed will be passed on 15th july
V R SHROFF (Expert) 14 July 2014
it's OK
Judge will allow ur Divorce Petition on 15-7-14
Devajyoti Barman (Expert) 14 July 2014
yes, it will be done so.
sandykrish (Querist) 14 July 2014
Hi Ajay and Shroff Sir, Thank you for your valuable inputs. Just an apprehension as a normal person. Will there be a possibility where wife's side appears again and says that they want to withdraw the 13 B application?

If Yes, what would be DD which I issued to them.

Just a apprehension as a layman. Sorry for the silly question

Devajyoti Barman (Expert) 14 July 2014
Any of the parties can always refuse to appear on final day of hearing or refuse to give divorce.
The money paid to her will be adjusted toward
sandykrish (Querist) 14 July 2014
Hi Devajyoti,

She had come on the hearing day. Judge asked her are you with free consent for divorce? and she told yes and then alone the DD was handed over and Judge informed that the order will be passed on 15-Ju;y-2014.

Brief overview

Applied 13 B on Jan 08
6 months cooling off period completed
Re appeared to court on 14-July-2014
Mediation completed arrived at agreement
appeared in front of judge where all the above incidence happened.


Now my questions is even after appearing in front of judge and accepting the DD will my wife again come to court and ask to stop divorce???
Rajendra K Goyal (Expert) 14 July 2014
She has appeared in second motion, only judgement is pending.
Devajyoti Barman (Expert) 14 July 2014
NOW IT IS TOO LATE FOR HER RETRACT FROM HER ADMISSION OF DIVORCE.
sandykrish (Querist) 15 July 2014
Thank you for all your inputs.

Based on all the feedback received I assume that the Judgement will be passed today?
Devajyoti Barman (Expert) 15 July 2014
yes, do not fret over it anymore.
Nadeem Qureshi (Expert) 15 July 2014
positivaly, the court may announce your divorce decree. nothing left in this case
ajay sethi (Expert) 15 July 2014
yes court will pronounce judgement today . she cant with draw her consent now


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