Narayan (Software developer) 03 February 2016

Divorce from section 13(a) to 13(b)

I have files divorce under section 13(a) in year 2015 against my wife , my wife has not appeared in the court , only his advocate appeared 6 month back. Now my wife is agree to give divorce on mutual graound.

my advocate says no need to file separate case under section13(b) . cases under section13(a) will convert to section 13(b) and 6 month waiting time can be avoided as i filed divorce case 1 year back already and 6 month time is already pass.

whether it is possible ?

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12 Replies

Vijay Raj Mahajan (Advocate) 03 February 2016

Has your advocate ever done this in any previous case, ask him to show the complete case file of previous case.

The divorce by mutual consent under section 13B HMA is entirely different from section 13(1) HMA and these two cannot be intermixed by any manner, either you go ahead with section 13(1) or section 13B HMA at one time and do it as per the provisions of law.

I know some stupid lawyer in Hyderabad court had done this in one of the case there for his client that came to me in Gurgaon by his wife who lives here and I got that decree of divorce passed under section 13B HMA where as the original petition was under section 13(1) HMA,, and no petition was ever filed under section 13B HMA, revoked by the Family Court, Gurgaon and that was even upheld by the Punjab & Haryana High Court later on.

b.goheel 03 February 2016

like to knw in tht case wht is position of the case ?
is it not duty of concerned hon'ble judge not to pass order ?

Vijay Raj Mahajan (Advocate) 03 February 2016

I'm attaching the Punjab & Haryana Court judgment for your reference.

Attached File : 8784 20160203191846 249694424 sarika case family court powers.pdf downloaded: 199 times

Narayan (Software developer) 04 February 2016

Thanks for providing this information.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 04 February 2016

The lawyer must be referring to a recent bombay high court judgement which stated that the 6 month waiting period could be waived off , if the litigation was pending since a year ago. However I dont think that judgement is being followed anywhere.

Narayan (Software developer) 05 February 2016

Dear Sir ,Can you shared me the case detail or link to download judgement copy ?

rajiv_lodha (zz) 05 February 2016

lower courts do nt waive off 6 mnths cooling off period

the date u CONVERT ur 13-a to 13-b, minimum 6 mnths u have to wait for getting divorce

vishak (manager) 11 February 2016

Sir

i am also facing same problem. we applied in 13b, 2 days back, (13(1)a already pending since 2 years). Now Judge told us to produce some ruling of rajasthan HC or Supreme court so that i m convinced and 6 month period can be adjusted.

I will be greatful if some experts can post such judgements which can help me .

Our next date is after 5 days

thanx