Divorce under sma,1954
mittumit
(Querist) 21 October 2011
This query is : Resolved
i have 4 questions -
1) i want to know can i file petition for divorce during 1st year of my marriage with mutual consent of my wife? if yes than is that will be 1st motion ?
2) can court reject our joint petition on the ground that we have not live apart for more than one year?
3) when 2nd motion is passed? exactly after six months or it can be 6 nd half or seven months too ?
4) is sec 29 of sma have any relevance when we both give our consent for divorce u/s 28 of SMA....
Devajyoti Barman
(Expert) 21 October 2011
1. No
2. Yes
3.Not before 6 months.
4.No
prabhakar singh
(Expert) 21 October 2011
!1!No,only after one year and not during one year.
2]why not? of course it can.
3]after 6month but not earlier there to.
4]Not in your case or in cases of mutual consent.
Shonee Kapoor
(Expert) 21 October 2011
1) i want to know can i file petition for divorce during 1st year of my marriage with mutual consent of my wife? if yes than is that will be 1st motion ?
YOU CAN FILE ONLY WITH THE LEAVE OF THE COURT THAT IT WOULD CAUSE UNDUE HARDSHIP TO THE PARTIES, IF THE SAID PETITION IS NOT ACCEPTED.
2) can court reject our joint petition on the ground that we have not live apart for more than one year?
YES IT CAN
3) when 2nd motion is passed? exactly after six months or it can be 6 nd half or seven months too ?
ANYTIME BETWEEN SIX MONTHS AND EIGHTEEN MONTHS
4) is sec 29 of sma have any relevance when we both give our consent for divorce u/s 28 of SMA....
NOT IN MUTUAL CONSENT.
REGARDS,
SHONEE KAPOOR
HARASSED.BY.498A@GMAIL.COM
