priyanka (homemaker) 04 July 2015

Mutual divorce

1-i have signed the divorce by mutual understanding and filed 13B kindly tell me what is this and why it takes 6 months to take decree of divorce..2-can my husband can cancel the divorce in this waiting period of 6 months. (i had to surrender my DV and mentainence cases in order to go for mutual understanding.)3- i hope i have not done a legal mistake of dropping DV and 125 (i doubt my husband made a fool of me and afterwords he will cancel the divorce and start harrasing me again...is it possible?

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3 Replies

Suri.Sravan Kumar (senior) 04 July 2015

6 months is the stipulated period for taking divorce under mutual consent.

Anish Thakur 7018812737 (advocate) 04 July 2015

NO HE CAN NOT MAKE YOU FOOL AS YOU CAN AGAIN START DV AND OTHER PROCEEDINGS AGINST HIM AT ANY TIME. GO FOR MUTUAL DIVORCE WITH UNDERSTANDING.6 MONTHS ARE MINIMUM TIME FOR FILE DIVORCE

saravanan s (legal advisor) 05 July 2015

he might fail to appear or disagree to go for mcd either during the first motion which happens after 6 months or during the second motion (a year from filing joint petition for mcd) but it wont act to his advantage.for he need to go for contested divorce which might easily go for three to four years.

if he withdraws from mcd and goes for contested divorce you can very well file dv case even if you had withdrawn it earlier ( ut dv cant be filed after divorce or one year of seperation) and 498a can be filed even after divorce

125 crpc can also be filed again even during subsistence of marriage or after divorce till you remarry