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Deepak Saini (MIS Executive)     13 August 2012

Mutual divorce information


My name if Rajiv , I want to know the process of mutual divorce.


 2 Replies

Rajan Bhasin (Law Student)     13 August 2012

Mutual divorce can be done if both parties agree under Section 13 B. Time between both motions will be minimuim 6 months. 

ANAMIKA VICHARE (LAWYER)     27 November 2012

Rajiv, mutual consent divorce petition are sometimes not advisable for the reasons, that the wife first agrees for the same and when the time comes for filing Affidavit of evidence, she goes back and the petition stands withdrawn as the consent is not continued.....The best way is always to file a contested petition on the ground of cruelty,desertion, adultery...whatever fits for your case..   If the other party does not appear despite due service of summon, the matter can be heard ex-parte and ex-parte decree can be obtained....If the party appears, agrees for mutual consent, same petitiion can be converted....if she at all withdraws consent, main matter can go on merits.....

if there is no consent, she contests, no problem, you can still get a decree if your pleadings are strong, evidence is strong...

Anamika Vichare, Practising Lawyer, Family Court, Bandra, Thane, High Court, Sessions.....Fighting for men's rights, fighting against misuse of 498A

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