Divorce

sheila (Querist) 15 December 2014 This query is : Resolved
Husband filed (13 a ) 1 and a half year back and both parties are living separately since than..

Now both parties have agreed to get divorce through mutual consent. Can they convert to 13 b and get decision on the same day or have to wait for the mandatory 6 months?

Please advise.

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Devajyoti Barman (Expert) 15 December 2014
Yes, they can covert it or apply afresh after withdrawing the present case.
6 month time can not be waived.

sheila (Querist) 15 December 2014
Thanks,

What if she agrees to 13a.. ?

Can the divorce be granted immediately?

Devajyoti Barman (Expert) 15 December 2014
Yes if admits the facts of allegations stated in the plaint.

sheila (Querist) 15 December 2014
Ok Thank you very much

ajay sethi (Expert) 15 December 2014
application for conversion will be granted by court into divorce by mutual consent . divorce wont be granted on same day .

sheila (Querist) 15 December 2014
Hi Ajay

Thats true if they convert 13 a to 13 b, but what is shes in a haste and accepts the allegations in 13 a itself.. without converting..

T. Kalaiselvan, Advocate (Expert) 16 December 2014
If she submits to the decree prayed for by the petitioner/husband by filing a memo or a petition to that effect, her evidence may be recorded and the court may pass a decree as prayed for by the petitioner.

sheila (Querist) 16 December 2014
Ok great, Thanks a lot

T. Kalaiselvan, Advocate (Expert) 23 December 2014
You are welcome for your appreciations.

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