mutual consent

tamilarasibabu (Querist) 08 September 2008 This query is : Resolved
mutual consent filing before 1 year by the parties whether admissible? if the parties enter into an agreement for seperation how far it is supportive for the filing of mutual consent before completion of 1 year/

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tamilarasibabu (Querist) 08 September 2008
the jurisdiction lies within chennai

SANJAY DIXIT (Expert) 08 September 2008
NO.
Mutual Consent petition can't be filed before 1 year of marriage.
An agreement (made out of Court) in this regard would not affect the limitation of 1 year.

Srinivas.B.S.S.T (Expert) 09 September 2008
The mandatory period to file a petition seeking mutual decree of divorce under Section 13B of HMAct is one year after the date of marrige. Sanjay Sir opined correctly.

Rajesh Kumar (Expert) 09 September 2008
However, in exceptional circumstances the court may reduce this time.

sanjay kumar patibandla (Expert) 09 September 2008
In an exceptional circumstances you have to file a petition under section 14 of H M Act praying the court to permit to file mutual consent petition before one year of marriage along with mutual consent petition. After satisfying the special circumstances only the court may permit to file mutual consent petition,.

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