Regarding divorce case.

NIMESH (Querist) 10 May 2017 This query is : Resolved
Dear Sir,

My sister filled a mutual consent divorce application in which my brother in law also signed the application but after wards at the time of oral confirmation he rejected and court written down the same on record.

The Mutual consent application stats that they both are living separate from 9 months and in his oral statement he confirms from 5 months. The court has given the date of six months and now i want to know in this situation what can happen and whether there needs to be 12 months separate living for mutual divorce and what next action i can take for the same?

Please suggest....

Thanking you in advance

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Rudrawar Narayanreddy (Expert) 10 May 2017
Consent Divorce will be passed only if both agree for it. If one later on retrak and do not give consent. The pettion will be dismissed.
After 2 years of desertion petition for divorce can be filed. On the basis of other grounds such cruelty etc divorce can be filed and it is to be decided by the court.

Rajendra K Goyal (Expert) 11 May 2017
Mutual consent divorce can be filed after one year of the marriage.

Both parties should give consent to MCD at the time of filing / first motion and second motion after six months.

Dr J C Vashista (Expert) 12 May 2017
In the given circumstances it is not a mutual consent petition, wherein both petitioners have to agree.

There is no limit for separation in a mutual consent divorce petition, however, there must be reasonable time and both must agree for divorce on specified terms.

What is the opinion of the lawyer contesting the case on behalf of your sister, did you/your sister ask?

Why do you seek second opinion and advise of experts on this platform except the fact that it is available for time-pass and FREE OF COST.

NIMESH (Querist) 12 May 2017
My lawyer advise me that stating 9 months is enough for divorce but now when my brother in law refused after signing i had been told that there must be 12 months separation period to get divorce and your application will get rejected and as per his statement now you cannot put the suit until august when the complete 12 months happen.

That is the reason i get confused and asked for second opinion not just to time pass.