XYZ (XYZ) 23 March 2015

Section 13 HMA

Esteemed members, 1. If spouse has filed for divorce (hma cruelty clause), and both petitioner and respondent want divorce what would court do? (Convert it to mcd or still it will be contested) 2. Can spouse file criminal case once divorce is granted under section 13 HMA (cruelty)?

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(Guest)

Why will court convert it to MCD?

You need to file seperate application and ask divorce under mutual consent.

And wife is at free will to file any case at any point in time.

Ramesh Chander (Advocate) 23 March 2015

COURT WILL NOT CONVERT IT ON ITS OWN. SEPARATE PETITION U/S 13-B OF HM ACT WILL HAVE TO BE FILED FOR DIVORCE BY MUTUAL CONSENT AND WIFE CAN FILE ANY COMPLAINT AT ANYTIME LEAVING SEPARATE THE QUESTION WHETHER SHE WILL SUCCEED THEREIN OR NOT.

Section 13 HMA

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