FLAT 20% OFF and 3-Months ADDED Validity on All Courses Absolutely FREE! Enroll Now Use Code: INDIA20
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

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.

 

Regards,

Rajib Banerji.



Learning

 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?

MADURAI LAWYER (LEGAL CONSULTANT)     25 February 2013

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.

https://www.jeevaganadvocate.com/


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query