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satya (Manager)     16 May 2012

Mutual consent divorce

13B(2) On the motion of both parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section(1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree.

We need correct interpretation of 13B(2). As per my opinion rejection on withdrawal of consent by one party is not maintainable. Only the wrong avertment in petition may only be ground to reject the petition. Please comments



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 4 Replies

ajay sethi (lawyer)     16 May 2012

both parties have to remain present and give consent for divorce . if either party withdraws consent no divorce   is granted . statutory period of six months for filing a second petition under Section 13-B(2) of The Act, 1955 has been prescribed for providing an opportunity to the parties to reconcile and withdraw the petition for dissolution

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     16 May 2012

I agree with Mr. Sethi

ANEESH MITTAL (ADVOCATE)     16 May 2012

I also agree with above preposition

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