Divorce petition by huband

vasukvs (Querist) 13 June 2013 This query is : Resolved
One of my friend's husband filed a petition (17/05/13) u/s. 13(1a) of Hindu marriage act the marriage was held in March 2012,
but the respondent not interested in break up, if respondent willing for divorce what happens
and also is it okay for one year interval to file a petition
kindly help in this regard
and what is the Restitution of Conjugal Rights Definition and how it helpful to the respondent
thanks
vasukvs

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Kiran Kumar (Expert) 13 June 2013
Filing of divorce petitioner does not, ipso facto, means that the marriage will be dissolved by way of Decree of Divorce.

Let the other party prove their allegations, the wife shall contest the matter and falsify husband's claim.

In the mean time file an application for grant of interim maintenance during the pendency of Divorce Petition.

vasukvs (Querist) 13 June 2013

Dear Sir,
Thanks a lot for your fast response, can you tell me the what is the interval (means gap between marriage day and to file a divorce petition)

Nadeem Qureshi (Expert) 13 June 2013
You should read Hindu Marriage Act

ajay sethi (Expert) 13 June 2013
wait for year from date of marriage and then file for divorce

Raj Kumar Makkad (Expert) 13 June 2013
If both parties are agree for divorce then it is better to file Mutual consent divorce after one year of marriage. If one files petition for divorce, he loses his right to file another petition seeking restitution of conjugal rights which means he wants marital relationship restored.

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