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Fighter   15 January 2017

HMA 13a to HMA 13b- Contested to MCD conversion

I have filed divorce us HMA 13a cruelty ground. It is filed 2.5 yrs back. Now we want to file MCD to get divorce. 1. What is procedure of converting hma 13a to 13b? 2. How many times(dates) both need to go to court? 3. Do we need to wait for 6 months to get divorce by mcd 4. What is appeal period in MCD? 5. When i can remarry ?


 12 Replies

Sachin (N.A)     15 January 2017

Give joint affidavit to convert present divorce petition to MCD, 

You still have to wait for six month cooling before getting divorce.

Fighter   15 January 2017

Bombay HC judgment which says 6 month cooling period is not required if contested divorce proceedings pending for 6 months.

Fighter   15 January 2017

https://menrightsindia.net/2010/03/mumbai-hc-waives-6-month-waiting-period.html

Sachin (N.A)     15 January 2017

In the Anjana Kishore Vs Puneet Kishore case, a three-judge bench of the apex court waived off the six month period for granting the decree of divorce by exercising its extraordinary powers under Article 142 of the Constitution.

Article 142 empowers the Supreme Court to pass any order or judgement for rendering justice to individuals and others.

Thereafter, a number of high courts and even matrimonial courts started granting divorce decrees without waiting for the mandatory period.

Subsequently, in the Anil Kumar Jain vs Maya Jain case, another three-judge bench opined that only the Supreme Court has the power to waive off the six month period and not the high courts, much less the matrimonial courts

Sachin (N.A)     15 January 2017

HC can make rules but cannot over ride the existing provision mention in constitution.

saravanan s (legal advisor)     15 January 2017

There is no appeal in mcd.once after getting the MCD you can immediately marry

saravanan s (legal advisor)     15 January 2017

There is no appeal in mcd.once after getting the MCD you can immediately marry

Sachin (N.A)     15 January 2017

Mutual divorce decree cannot be challenged as it is dissolution of marriage on the basis of mutual consent which cannot be revoked after the final hearing.

 

There is no specific  bar within that particular period you can not marry because here divorce is taken place at the consent of the both the parties so question of appeal does not arise.

Fighter   20 January 2017

I heard that senior division court pune has been granting MCD in single date if contested divorce is pending for more than 1yr.

Fighter   20 January 2017

I heard that senior division court pune has been granting MCD in single date if contested divorce is pending for more than 1yr.

Ashish Dingre   20 April 2017

Diffrence Between 13 A and 13 B

I am law student so please give me knowledge

 

sai narayana   26 April 2017

13A is for judicial separation with mutual consent or court order

13B is for Divorce with mutual consent.

An existing divorce case can be converted into 13B provided the case should be running for more than past 6 months.


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