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Sagar (a)     28 February 2013

Mutual divvorce

Hi Team,

My question is we both husband and wife have applied for mutual divvorce and after 6 months of freezing period one person does not want to take divvorce and the other person still want the divvorce then what can happen or the freezing period can be extended or the case will be rejected??

Sagar



Learning

 2 Replies


(Guest)

Second motion of MCD can be filed till 18 months of first motion. If one party does not appear till 18 months then other has to file contested divorce (on desertion or cruelty ground)

SRISHAILA.DHARANI (Advocate&consultant)     28 February 2013

 

for the purpose of second motion, as contemplated under Section 13-B of the aforesaid Act, which is extracted hereinbelow for reference:- “13-B.Divorce by mutual consent – (1) Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district Court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (Amendment)Act, 1976, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.

3. The Section itself provides for a cooling period of six months on the first motion being moved, in the event the parties changed their minds during the said period. Accordingly, after the initial motion and the presentation of the petition for mutual divorce, the parties are required to wait for a period of six months before the second motion can be moved, and at that point of time, if the parties have made up their minds that they would be unable to live together, the Court, after making such inquiry as it may consider fit, grant a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree.


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