divorce by mutual consent

Querist : Anonymous (Querist) 12 February 2011 This query is : Resolved
parties were married on 19/02/2010,& living separately september 2010,now they want to take divorce by mutual consent.can they file divorce petition after 19 Feb 2011 by mutually means 21 feb 2011.

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adv. rajeev ( rajoo ) (Expert) 12 February 2011
Yes they can file consent divorce petition.

Dayananda Gowda (Expert) 12 February 2011
rajeev is right they have file the petition under section 13 B of Hindu Marriage Act before the family court for consent divorce

Kirti Kar Tripathi (Expert) 12 February 2011
yes, they can file after 19 feb. 2011. as one year of statutory period will be expired for filing of divorce petition on mutual consant.

G. ARAVINTHAN (Expert) 12 February 2011
yes you need to file waiver application to waive the separation period as you already living separate for past 6 months