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Divorce under section 13 (b) of the h m act dismissed

(Querist) 10 April 2019 This query is : Resolved 
The parties filed an application under Section 13B of the Hindu Marriage Act as they are living separately for last 10 years.
wife change her mind and want to stay with husband and not agree for divorce by mutual consent The court added that the fact that wife is not ready for the mutual consent divorce and suit dismissed . later , after two of dismissal of 13 b h m suit she is now ready for divorce..Both are living separately .

what shall be the right step for the divorce
Dr J C Vashista (Expert) 11 April 2019
Again move for Mutual Consent Divorce u/s 13B(1) of the Hindu Marriage Act, 1955 after obtaining their consent / MoU / agreement with terms and conditions reduced in writing duly notarised.
Vijay Raj Mahajan (Expert) 11 April 2019
File fresh petition for divorce under section 13 B HMA and this time also move application for waving off the 6 months period of time required in the divorce by mutual consent.
The wife change her mind during the waiting period of 6 months and if that goes away and divorce granted at earliest the issue will not be for the wife to withdraw her consent for the divorce.
You can get divorce in 7-10 days if you engage experienced and senior Advocate for the job.
SHIRISH PAWAR, 7738990900 (Expert) 11 April 2019
Carefully draft the petition mentioning the terms of divorce between the parties and file fresh petition in the court. Court will wave the 6 months waiting period and there was prolong litigation between the parties.


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