Akhil 19 January 2016

Sec 13b joint petition

I am contesting a 13 ia divorce case slapped against me by my wife. It is currently in the mediation stage.

I am exploring different options including MCD. I want to get it documented properly, so that there is no problem in the future.

Our marriage was a short one (lasted few months only), was consummated but we have no child.

Is it okay to mention that the marriage was consummated, but due to tempermental differences we want to go for a separation? Will that create any issues during the second motion?

Please advice.

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4 Replies

Laxmi Kant Joshi (Advocate ) 19 January 2016

You didn't mention is she ready for mcd if yes then withdraw the contested divorce case and file jointly a fresh case for mutual consent divorce make your terms and conditions which you both accepted and follow those, in your mou, no need to give either marriage is consummated or not, engage a lawyer for you to draft mou and file the mcd in the family court.

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Kumar Doab (FIN) 19 January 2016

Engage a lawyer specialzing in such matters.

Akhil 19 January 2016

Dear Sir, thanks for the reply. Proposal for MCD was given to both the parties during mediation and we are trying to work it out.

My wife had mentioned a lot of nasty things in her initial Sec 13 ia petition. I want her to withdraw all allegations or at least keep the records straight for the future. So, I am thinking of adding this point in the Sec 13B joint petition, if at all it goes through.

Do you think that makes sense?