justice218 (student) 10 September 2013

Divorce section calrity

Hello ALL.

My soon to be ex-husband is ready for mutual constent divorce and has recently sent me the MOU. however there is one point in the MOU that i am not entirely clear on. my soon to be ex has filed divorce under section 13 (1) (ia) (ib) under hindu marriage act of 1956. i do however know that this section refers to cruelty and desertion by wife. If i am to sign the MOU, or divroce i do not want to sign the divorce under this act. is there a way to change the section. if yes, what section number should it be changed to where it shows that incompatibility between the two parties or something that doesnt sound bad as the section mentioned above.

thank you

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3 Replies

Suri.Sravan Kumar (senior) 10 September 2013

the correct prov of law is Sec 13-B. The petition should be filed under this section. There is a ruling of AP high Court. Even if wrong prov is mentioned the substance has to be looked into.

justice218 (student) 10 September 2013

Thanks for the post mr. Sharavan.

I would like to know next. is it possible for soon to be ex to withdraw the current divorce decree under section 13 (1) (ia) (ib ) and change it to section 13b. if yes, how long would it take to make this change?

I understand that i also must file a peition under this section.

A.SUMATHY 9380902017 (LAWYER) 10 September 2013

Not possible to modify the earlier application. Insist to withdraw the earlier petition.File fresh mutual divorce petition under Sec.13B. It will take time 6 to 7 months from date of filing.