Divorce by mutual consent after 3months of marriage
Querist :
Anonymous
(Querist) 14 September 2011
This query is : Resolved
Dear Experts
Is there any law which permits divorce by mutual consent u/s13B HMA or any other section of HMA just after 3 months of marriage
R.Ramachandran
(Expert) 14 September 2011
The existing laws do not permit such things within 3 months or just after 3 months.
Sailesh Kumar Shah
(Expert) 14 September 2011
No, Section 13B(1) says that they have been living separately for a period of one year or more.
Guest
(Expert) 14 September 2011
I agree with Shri Shailesh Kr. Shah.
Querist :
Anonymous
(Querist) 14 September 2011
Thanks
Dear experts
Ravikant Soni
(Expert) 14 September 2011
Living separately for a period of one year is condition precedent.
Advocate M.Bhadra
(Expert) 14 September 2011
It is mandetory provision of respective Marriage Act,to file a Diovorce suit that the spouse living seperately minimum for one year.
Ravikant Soni
(Expert) 14 September 2011
[13B. Divorce by mutual consent. —(1) Subject to the provisions of this Act
a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnised before or after the commencement of the Marriage Laws (Amendment) Act, 1976 (68 of 1976)*, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.
(2) On the motion of both the 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petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnised 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.]
Raj Kumar Makkad
(Expert) 14 September 2011
I have no separate opinion than all my expert brothers.
