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Rajib Banerji (Self Employed)     24 February 2013

Mutual divorce.

Dear Sirs,


My estranged wife & myself have not lived under the same roof since April 2006.She had left my house on 30th April 2006.In 2007 she had filed for divorce and I had filed a counterclaim.We have been contesting the divorce till date but now we have reached a settlement and both of us have agreed upon divorce by mutual consent.

I would like to know if we file for divorce by mutual consent under section 13B do we still have to wait for 6 more months to get the divorce decree.We have not been living together since 2006 and have severed all matrimonial ties between us.



Rajib Banerji.


 5 Replies

Sanjeev (Lawyer)     24 February 2013

6 months waiting is mandatory irrespective of any other conditions. 

2 Like

rahul (director)     24 February 2013

when you wasted 6 year in court as per ur wish.. now court will waste ur 6 morth against ur wishes,

thumb rule is.. dont counter any divorce,, if he/she  dont wanna live with you.. just levae him/her, dont drag the matter,,,

ultimatly, he/she wont live with u.

2 Like

Self service (None)     25 February 2013

Mine case was similar, contested coverted to mutual. Court gave decision in 1 week. It was Hyderabad family court. Original petition was amended to mutual consent. Please check with your lawyer.

1 Like

Rajib Banerji (Self Employed)     25 February 2013

That must have been a great relief to you.When did your divorce take place?


Dear Sir,

Don't ask your wife to withdraw the present divorce case to file a new petition for divorce by mutual consent. You will have to wait for 6 months under S.13 B. Instead of that both of you reach a settlement amicably and in terms of the settlement, you file a compromise memo in the present divorce case along with the settlement agreement. You will get divorce soon.


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