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sujit kapoor (Asst. manager)     26 September 2013

Mutual consent divorce

Can MCD be filled before completion of 1 year of the marriage under any circumstances? If any, plz advice.



Learning

 7 Replies

sourav (rrr)     26 September 2013

I am also eager to know

HK_Jain... (498a Fighter)     26 September 2013

Yes,

It is possible file application u/s 14 of HMA. I know some one who success to got it.

But six months cooling period is mandatory.

 

Hemant

sujit kapoor (Asst. manager)     27 September 2013

any expert plz advice

ANAMIKA VICHARE (LAWYER)     27 September 2013

Under Hindu Marriage Act, Mutual consent divorce u/s.13B canbe filed only after separation one one year and it takes exactly six monthass after filing of the petn

 

Anamika Vichare

Advocate, Family Court, Bandra

Mumbai

Purush Hakka Saurakshan Samittee

anamika_vichare@rediffmail.com


(Guest)

I will differ from the above reply......


Our constitution has given The court a discretionery power to decide on the decree of such cases where the question of hardship is extreme.It's the matter of convince through the petition ,if the petition is accpeted then the procedure goes with the existing.So,here The Family court has to be conveyed with HC on such matter to waived of such time duration or not.

ANAMIKA VICHARE (LAWYER)     27 September 2013

separation of one year is not waived....6 months period can be waived but eh powe ris witrh the High Court only

sujit kapoor (Asst. manager)     27 September 2013

Thanks to all for your valuable feedback

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