sati (ITA) 16 March 2013

Total duration to grant divorce under section13(1) (i-a)

Hi ,

I got married on 5 May 2011 ,but soon I was subjected to mental torture & sometimes violence ,not able to tolerate I left my matrimonial home on Jan 2012 ,we consulted doctor to avail treatment for him ,and we kept touch in phone ,but his rude behaviour continued ,so I decided not to return & asked for mutual divorce ,but they dint agree & have sent me summons under section13(1) (i-a) of Hindu Marriage act ,1955.

My question is

1> How much time will it take to grant divorce under this act

2> What will the court procedure be for this act

Thanks in advance

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6 Replies

Manish Udar (www.Mehnat.IN) 16 March 2013

You may refuse to answer their summons, and refuse to go to court. They will get ex-parte divorce. You will both be free after that.

Matrimonial Litigation

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sati (ITA) 16 March 2013

How much time will it take in case of ex-parte?

Is there any other option for me other than ex-parte since I also want divorce

I want to know if I am approaching the court in response to summons ,what will happen?

since both of us want divorce ,I want to know what process court will follow

Manish Udar (www.Mehnat.IN) 16 March 2013

You are dealing with donkeys who do not realise that mutual consent is usually fastest (provided there has been one year of separation), or perhaps they have been misguided by unscrupulous lawyers that getting divorce on cruelty will give them some legal advantage. Time taken for ex-parte is not predictable. It may happen quicker than you expect. You may approach the court and say that you will contest the present petition but are amenable to mutual consent divorce.

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sati (ITA) 17 March 2013

Thank you manish for your valuable advice

Goutam Prasad (Advocate) 17 March 2013

I think you should approch the court file your reply stating that you deny all allegations of cruelty. Make your submissions in reply for reasons of your such denial. Although, since even you want divorce, at the end of your reply you should mention that even you want divorce stating your reasons.

Ultimately court may proceed in mutual consent way and divorce will take place in six months.

But, if court wishes to proceed in normal way, no time can be exactly assessed as it will follow complete procedure as mentioned in C.P.C.

Goutam Prasad

Advocate

Mob: 9810753838

https://www.aegisjurist.com

https://www.facebook.com/aegisjurist

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Msk-need -nuetral- laws (self) 18 March 2013

A little more pointers from my side with above two guidances from learned members,

If you decide that you dont need any maintenance or alimony, you dont bother what courts declare against you in ex-partee, then you can ignore summons and stay away, after four to five absence from your side , your husband will get expartee decree.

And if you dont want all allegation of cruelty tagged to you as quoted in your husband pettition, approach the court as manish advised and give your consent for mutal consent divorce,

though you dont need any alimoney , best is to get MCD.