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mohammad aarif khan silawat (lawyer)     08 August 2008

hindu marriage act sec.13b

hello, everybody


i want arulling on a h.m. marriage act sec. 13 B. WHEN A JUDGE ADMITTED APPLICATION OF MUTULLY CONSTENT DIVORCE.BUT THAY FILE THAT APPLICATION BEFOR COMPLETTING ONE YEAR BOND.ANY RULLING ON THIS ISSUE PLEASE TELL ME


                                                         ADVOCATE


                                                       AARIFKHAN

 



Learning

 14 Replies

kumar sachin (lawyer)     09 August 2008

u hv not clarified the main issue over which u want the ruling.


i mean in support of admission or against it?


 

Kiran Kumar (Lawyer)     09 August 2008

pls give the details and what u really expect from us to advice.

Tarun Kalra LL.M, M.B.A (advocate)     09 August 2008

how much time is spent before filing a decree for divorce and marriage

Srinivas.B.S.S.T ( Advocate)     09 August 2008

The application under Section 13-B can be filed only after one year from the date of marriage. You cannot file the same before that period.

Mohit Attri (lawyer)     09 August 2008

agree wid srinivas sir

arunprakaash.m. (advocate)     09 August 2008

for filing divorce petition under section 13B there should be minimum one year period for admission of the petition. Again after petition court will take minimum six months for pronoucing judgement, because by this time the couple have a time to rethink their decision.

mohammad aarif khan silawat (lawyer)     09 August 2008

a application filed after completed proceding court found that application filed befor one year bound

mohammad aarif khan silawat (lawyer)     09 August 2008

11 month and 20 days

mohammad aarif khan silawat (lawyer)     09 August 2008

on the stage of decree court find this application is file just befor one year

Shree. ( Advocate.)     09 August 2008

In india when both the petitioners file a joint application for waiving off of such period and when the court is satisfied that reconciliation is not possible and there is no dispute and therefore would grant the divorce, under sec.13B .

Guest (n/a)     10 August 2008

I married with a girl in Dec-1998, But the fact came to my knowledge , that she was married and Her marrige was registered as per Hindu Marrige act with registrar on 2nd of August ,1997 with other person. And I came to know that she has  kept relations with that person during the course of our marrige life. She has admitted now about her previous marrige & further admitted that They have taken divorce on 16th August,1997 with mutual consent on stamp paper which is notarised. My question is (a) Is the divorce taken on stamp paper in presence of notary is valid? (b) can our marrige be null and void on that ground.?


 

rajvinder (lawter)     10 August 2008

by consenting for divorce and writing the same expreesion on the stamp paper and getting it notarized is not valid divorce .there is aa pricedure for mutual consent divorce under hindu marrige act .section 13 b provides for the same .both the parties have to file thge petition before the district court for mutual consent divorce.and its the court decree which will be valid not just the notarized  stamp paper for getting the mutual consent divorce

rajvinder (lawter)     10 August 2008

her previous marrige is still valid and ur marrige can be declared nullity easily if u want from court


further she has concealed the fact of her first marriage .u can get the divorve on this ground .


but good advice for you is groung of her still valid first marrige.


(Guest)

hey waht about section 14 of hindu marriage act and concept of EXCEPTIONAL HARDSHIP AND DEPRIVITY.


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