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Amit   15 March 2016

Can sec. 13 can be converted to 13b

Dear Members,

I am Amit (32 Yr Male) my divorce case is running at my hometown in UP under Sec. 13. I came to know from one common friend that my in-laws like to compromise and interested in taking divorce by 13(B).

I like to inform that in the past also we have applied for MCD under 13(B) in 2014 but on 2nd motion wife didn’t appear and on the subsequent next date asked for a huge amount and more time to think, I withdraw 13 (B) and filed fresh case.

My fear is that if now I trust them and file 13 (B) again after withdrawing running case under Sec.13 they may again deviate from their stand.

So I need your guidance on below points:

  1. Any option to get divorce degree under Sec. 13 if we both withdraw all the allegations from each other.
  2. What can be the legal document in terms of assurance from both the parties not to run away in case we go for 13 (B).

Regards,

Amit

Dear Members,

I am Amit (32 Yr Male) my divorce case is running at my hometown in UP under Sec. 13. I came to know from one common friend that my in-laws like to compromise and interested in taking divorce by 13(B).

I like to inform that in the past also we have applied for MCD under 13(B) in 2014 but on 2nd motion wife didn’t appear and on the subsequent next date asked for a huge amount and more time to think, I withdraw 13 (B) and filed fresh case.

My fear is that if now I trust them and file 13 (B) again after withdrawing running case under Sec.13 they may again deviate from their stand.

So I need your guidance on below points:

  1. Any option to get divorce degree under Sec. 13 if we both withdraw all the allegations from each other.
  2. What can be the legal document in terms of assurance from both the parties not to run away in case we go for 13 (B).

Regards,

Amit



Learning

 3 Replies

MUKUND KUMAR (Lawyer)     15 March 2016

Don't withdraw the running case. And when there is case pending in court that menace you have also appointed a lawyer. Just follow him. Don't try to seek public/on line opinion. Be loyal to your lawyer
1 Like

MAHENDRA WALA   18 March 2016

Dont withdraw. You may present an application to convert into 13b if your wife agrees. You may also refer you case to lok adalat as an option
1 Like

Shantanu Wavhal (Worker)     19 March 2016

prepare MOU - mention the fact of withdrawal of consent by wife - pray for converting to 13B

1 Like

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