Mutual consent divorce

Nitish Banka (Querist) 12 September 2015 This query is : Resolved
can a mutual consent divorce be granted if wife is 7 month pregnant, the pregnancy is because of family pressure...any judgments if its legally possible?

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Nitish Banka (Querist) 12 September 2015
marriage under HMA

P. Venu

(Expert) 13 September 2015
What do you mean by "pregnancy is because of family pressure..."?

Guest (Expert) 13 September 2015
Undoubtedly A good Question by Senior Expert Mr.P.Venu

Rajendra K Goyal (Expert) 13 September 2015
Query lacks full facts, consult local lawyer.

SAINATH DEVALLA (Expert) 13 September 2015
Nitish U are an advocate and still U solicit reply from the legal experts by posting a query without content.

Nitish Banka (Querist) 13 September 2015
Apologies for unclear query let me clarify i need to waive off the 1 year separation period in cases of mutual consent divorce any judgement on this?

Rudrawar Narayanreddy (Expert) 13 September 2015
you cannot waive the 1 year period.

Anupam Lahiri (Expert) 15 September 2015
Dear Nitish,
Sec 13B of the Hindu Marriage Act is very clear. Divorce by mutual consent is an enabling provision which gives option to each party to the marriage to petition for divorce. The ground is living separately for a period of one year or more.
Thus one year period at least is mandatory. this cannot be waived.

Anupam

Nitish Banka (Querist) 16 September 2015
Thanks alot dear experts..

Biswanath Roy (Expert) 16 September 2015
As a Senior most member of the Bar I am totally against the mutual consent divorce with a pregnant mother. Better try to reconcile it even it needs some sacrifice.

SAINATH DEVALLA (Expert) 17 September 2015
99% of the wives will not opt for divorce or MCD,with a pregnancy of 7 months.I support Adv Roy.Better go for an amicable solution along with the elders of both the sides or even mediators and counselors.

Nitish Banka (Querist) 19 September 2015
Yes I have advised the same and relationship is improving thanks senior members

T. Kalaiselvan, Advocate Online

(Expert) 20 September 2015
The experts and seniors have advised well, Advocate Mr. Nitish may handle the delicate situation effectively so that no injustice is done to the yet to be born baby.

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