Nitin Kotian (Advocate) 20 April 2012
Sir/Madam,
I have got one matter in which the wife has asked me to file a matter u/s 13(b) for divorce by mutual consent. The situation is that her husband has agreed for the divorce under the same. However he is staying overseas.
Pls let me know whether do both the parties need to stay separately for one year for divorce by mutual consent and whether do I need to issue notice to her husband to call him to India.
Regards,
Nitin Kotian.
Uday (Lawyer) 20 April 2012
Dear Mr.Nitin,
1)A petition for divorce by mutual consent shall be presented by both the parties together.
2)The condition prequisite for filing the petition is that the marriage should have been solemnized atleast one year before the date of filing the petition.
3) Law does not prescribe that they should have lived seperately for one year before the date of filing the petition for divorce under mutual consent
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