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MadhuGunavathy (others)     17 August 2022

After get divorce by 13 1 a , wife file another cases?

Dear Sir/Madam,

I am filed conjugal rights to rejoin with my wife and this case is ending stage.

My wife applied divorce using section 13 i.a.  and I didn't accept divorce last 7 years.

Now her lawyer advised me , she not like to live with you last 7 years,. so why waste your life and to get divorce and start both new life.

So that i accepted using mutual divorce.

But my wife lawyer suggest that  if we apply mutual divorce first we need to withdraw filed cases and apply new case by 13 b and  the process  take again six month .  To reduce the time  we are removed the allegation from the filed petition and submit the updated petition in same section 13 i a  as compromised . so that get divorce quickly.

My doubt is if i accept the above procedure , in future my wife file another case against me in court?

So that i get divorce by section 13 i a    or   13 i b  is better for my future?

Please give your valuable suggestion.


 2 Replies

Advocate Bhartesh goyal (advocate)     17 August 2022

File fresh divorce petition u/sec 13 B of Hindu Marriage Act 1955 instead of compromise in earlier divorce petition.

1 Like

P. Venu (Advocate)     17 August 2022

To my understanding, the viable option is to refer the matter for settlement/mediation and withdraw all the cases in terms of the compromise recored therin. Thereafter, petition for divorce by mutual consent could be filed.

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