sanjeev rajpurohit 14 February 2026

Divorce application under 13(b) pending can i put 13 (a)

DEAR SIR
MY SON AND HIS WIFE PUT A DIVORCE APPLICATION ON 26.5.25 AND FOR SECOND MOTION HIS WIFE IS NOT COMING IN THE COURT AND COURT IS GIVING DATE 20.04.26 SO THE APPLICATION OF 13 B IS PENDING
NOW CAN MY SON CAN PUT APPLICATION UNDER 13 (A) AND WHO MUCH TIME POSSIBLE FOR ITS DISSPOSABLE BY COURT
PLEASE GUIDE
THANKS SIR

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Quick Summary

If your son's mutual consent divorce application under Section 13(b) is pending and his wife is not appearing for the second motion, he cannot directly file a new application under Section 13(a). He must first withdraw the existing 13(b) petition. After the withdrawal, he can then file a fresh divorce petition under Section 13(a) or another relevant provision, provided the grounds are applicable to his situation.

3 Replies

T. Kalaiselvan, Advocate (Advocate) 14 February 2026

No he has to withdraw the present one and then file a fresh case

Advocate Bhartesh goyal (advocate) 15 February 2026

No, your son has to firstly withdraw the mutual consent divorce petition thereafter he can file new divorce petition .

Dr. J C Vashista (Advocate ) 16 February 2026

Peition u/s 13B(1) of Hindu Marriage Act, 1955 (first otion of mutual consent divorce) is stated to have been disposed / allowed.

Consequently the husband (your son) has moved in another petition u/s 13B(2) of the Hindu Marriage Act, 1955 (for second motion of mutual consent divorce) within stipulated period of 6 to 18 months of first motion, wherein his wife (your daughter in-law) did not appear, when the petition was filed i.e., on or after 26.05.2025 and the court has fixed next date as 20.04.2026, isn't it ? If so, let you and your son wait for the date fixed but no other application shall be entertained in the case.

However, after dismissal of the petition u/s 13B(2) of the HIndu Marriage Act, 1955, your son may withdraw the case and move fresh case u/s 13A(ia)(id) of the Act or any other relevant provision of law for divorce on the ground(s) as applicable in his case, as opned and advised by learned senior experts herein above, which I endorse.

What is the opinion and advise of the lawyer engaged by you / your son ?