divorce case pending from last 6 months. now girl agreed for MCD. Marriage is completed one year but seperation not completed one year.can we file MCD ? How to preceed in this case
arun (It) 11 December 2012
divorce case pending from last 6 months. now girl agreed for MCD. Marriage is completed one year but seperation not completed one year.can we file MCD ? How to preceed in this case
rahul (director) 11 December 2012
in your divorce case, you must mentioned date of you living seprate..
take that date for 1 year,, then file 13(B)1
Goutam Prasad (Advocate) 11 December 2012
You have option to get the pending divorce case withdrawn with liberty to file again on joint statement of your settlement that you both need divorce through mutual consent divorce u/s 13 B.
Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 11 December 2012
Yes Mr. Gautam is rightly advice.
Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 11 December 2012
Contrary to popular misconceptions - physical seperation is not a sine qua non for MCD. Not living together as husband and wife for one year is.
Answer is in affirmative to second part of your question as well - many courts have allowed petitions to be amended and 6 months period to be waived off - if it is a converted one and the unilateral divorce petition has been pending for over 6 months.
Bharat Chugh - Advocate Supreme Court of India
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