Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Guest (n/a)     12 February 2009

Mutual consent divorce

Can a divorce under mutual consent be filed immediately after marriage? Or one has to wait till one year period of separation is over before filing the petition.


Is there any judgment which permits filing of mutual consent petition before one year of separation? Please guide me.



Learning

 8 Replies

PALNITKAR V.V. (Lawyer)     12 February 2009

Petition can not be filed before expiry of one year unless there are exceptional circumstances. please read the following section. No citation is necessary. The provision itself is clear.14. No petition for divorce to be presented within one year of marriage





    (1) Notwithstanding anything contained in this Act, it shall not be competent for any court to entertain any petition for dissolution of a marriage by a decree of divorce, 1[unless at the date of the presentation of the petition one year has elapsed] since the date of the marriage:





    PROVIDED that the court may, upon application made to it in accordance with such rules as may be made by the High Court in that behalf, allow a petition to be presented 1[before one year has elapsed] since the date of the marriage on  the ground that the case is one of exceptional hardship to the petitioner or of  exceptional depravity on the part of the respondent, but if it appears to the  court at the hearing of the petition that the petitioner obtained leave to present the petition by any misrepresentation or concealment of the nature of the case, the court may, if it pronounces a decree, do so subject to the


condition that the decree shall not have effect until after the 1[expiry of one year] from the date of the marriage or may dismiss the petition without prejudice to any petition which may be brought after 1[expiration of the said one year] upon the same or substantially the same facts as those alleged in support of the petition so dismissed.





    (2) In disposing of any application under this section for leave to present a petition for divorce before the 1[expiration of one year] from the date of the marriage, the court shall have regard to the interests of any children of the marriage and to the question whether there is a reasonable probability of a reconciliation between the parties before the expiration of the 1[said one year].

Prakash Yedhula (Lawyer)     12 February 2009

I agree to what our esteemed members has stated above. But whether a waiver application is possible for a mutual consent divorce under the Indian Divorce Act? Here the period of separation is specified as 2 years.

N.K.Assumi (Advocate)     12 February 2009

Section 13b(2) HMA and section 28(2) SPA both provide that after 6 months from the date of presentation of petition for divorce on  mutual consent and before the expiry of 18 months from the date of presentation of such petition a joint motion must be made for a decree of divorce on  mutual consent.This time frame is mandatory in respect of making a motion. But it has no relevance nor any bearing in respect of disposal of the case by the court within this time frame.

Prakash Yedhula (Lawyer)     12 February 2009

 My query is whether there is any way we can waive the period of 2 years as contemplated in Secton 10 A of the Indian Divorce Act?

PALNITKAR V.V. (Lawyer)     12 February 2009

There is no provision in the Indian Divorce Act for waiver.


(Guest)

NANDKUMAR B. SAWANT.,M.COM.LL.B.(MUMBAI) ,ADVOCATE


MOBILE.09325226691 ,09271971251


e.mail.adv.nbsawant@yahoo.co.in


e.mail.nandkumarbs@sify.com


With reference to your question regarding mutual concent divorce, kindly note that


You and your spouce , that is wife and husband can file a mutual concent divorce petition to the court and mention the urgency. In case court is convinced then your petition may be allowed even at  earlier date.


YOU MAY WRITE WITH DETAILS  FOR FURTHER HELP .


WITH BEST REGARDS.


THANKING YOU.


YOURS SINCERELY


NANDKUMAR B.SAWANT., M.COM.LL.B.(MUMBAI), ADVOCATE.

PALNITKAR V.V. (Lawyer)     12 February 2009

Mr. Sawant are you talking about divorce under Hindu Law or under Indian Divorce Act?

K.C.Suresh (Advocate)     14 February 2009

Mr. Sawant I think Palnitkar is correct. Yoou may calrify the doubt raised by him. A mutual consent petition immediatly after marriage is bared.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Recent Topics


View More

Related Threads


Loading

Post a Suggestion for LCI Team
Post a Legal Query