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drsxprt (self)     04 May 2013

Query

Marriage of my friend was solomonized as per hindi rites on jan 2012. Wife left matrimonial home on march 2012. On march 2013 parents of the wife came and told that they want Mutual Divorce.

 

My Query .

1 can MCD be filed within 1 yr 3mth of the marriage ( as marraige was solomonised on jan 12 )

2. as per law no divorce petition can be filed within 1 yr of the marriage and for MCD 1 yr of sepration is must . AND IN THIS CASE one year after the marriage had completed on jan 2013 , and 1 year of sepration had completed on march 2013.   BUT THE MARRIAGE IS 1 yr and 3 MTH OLD.

3. do the limitation time run simultanusly or do my friend has to wait till JAN 2014 or can MCD petition be filed.



Learning

 2 Replies

rahul (director)     04 May 2013

You should have file MCD in March 2013, why waste time.

file now.

498_final stage (Professional)     12 May 2014

I  would advice that stay calm and let her file divorce. Even if they want mutual divorce and they want you to file it first, what if they do not accept it and file 498a and DV cases against you??? What is the proof with you that they wanted MCD

So ask them to file it and you respond to it


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