Rahul 19 November 2017

Is it mudt to have searate petition for mutual divorc

I filed divorce against my wife and she contested it When she filed reply saying that she is not cruel instead i am and she does not want divorce. Now she is ready for divorce afrer taking some money. Now if she says in same court that she is ready for divorce then judge will ask to file separate petition for mutual divorce OR in same case same day judge can order divorce OR it can b considered as first motion and after one week of cooling period ww can get divorced as she is living n working out of india

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Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 20 November 2017

Dear Rahul

You have to file fresh dviorce petition based on mutual consent divorce as per Section 13(B)(1) of Hindu marriage Act-1955 as (First Motion) and after six months of the waiting period, filed another petition for divorce by way of Mutual Consent divorce as per section 13(B)(2) of Hindu Marriage Act (Second Motion) and after recording the statmeent of both the parties, the court passed an order for granting divorce by way of mutual consent divorce and also prepared a decree of Divorce.

It may also be possible that the trial court waived off the cooling period and passed an order of divorce without waiting cooling period.

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