Divorce

Reshma K (Querist) 19 December 2009 This query is : Resolved
Under divorce by Mutual Consent under Sec 13 B

1. What about compensation. If the parties don't ask each other for compensation, should that be mentioned in the petition saying that neither petitioners seek compensation? What is the law relating to this?

2. Should the parties have lived separately for atleast 1 year. Is this a strict provision.

2a. Does the court have discretion. Can the court grant compensation despite both parties not asking for it?

3. In this case, the parties got married in Bengaluru, , the husband lives in Bengaluru but the wife lives in Bhopal. Can the petiton for divorce be filed in Bengaluru?

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Devajyoti Barman (Expert) 19 December 2009
1. Yes if neither of the parties claim for any compensation then should be clearly mentioned in the petition.
2.Though law says so but some High Courts including Delhi High Court gas waived that period of 1 year in certain circumstances.
2a. In mutual divorce the court has got absolutely no discretion at all in awarding compensation or other relief if not mutually pressed for.
3.The divorce petition can be filed in Bangalore court as the solemnization of marriage took place there.

adv. rajeev ( rajoo ) (Expert) 19 December 2009
for your question 1 & 2 yes and for 3rd one No.
To file a divorce petition 2 conditions shall be fulfilled. Sec 19 of the Hindu Marriage Act.
1. Where the marriage takes place
2. where the husband and wife resided last together.
If husband and wife were resided last together at Bhupal then wife can file a petition at Bhupal, if not then bengaluru court will have jurisdiction.

Arvind Singh Chauhan (Expert) 19 December 2009
On the point of jurisdiction I am of the opinion that petition can be field either in Bhupal or in Bnagalore.

N RAMESH. (Expert) 19 December 2009
I agree with Mr.Barman.

Srinath Kondapally (Expert) 19 December 2009
1. After come to a conclusion about compensationonly the both parties will file mutual consent divorce petition.
2.Yes, it is a strict provision.
2a. No, Suo moto court can't award compenstion.
3. Either at Banglore or at Bhopal can file petition.

Sachin Bhatia (Expert) 19 December 2009
I agree with Mr.Barman.

Reshma K (Querist) 19 December 2009
In case of divorce by mutual agreement, is there is a minimum time before which divorce will be granted. What is the time generally taken?