K.P.Nataraj (Trader) 14 April 2024

Reg. filing of mutual divorce petition

Respected Sirs,

My friend filed a divorce petition against his wife in 2014 on cruelty ground.

and his wife on the same year filed a RCR case.

Both the cases disposed in the 2023. The divorce petition was disallowed

and the RCR petition allowed on behalf of his wife.

But now both my friend and his wife want to get divorce mutually.

What is the proceedure to file the Mutual Divorce petition. Please explain.

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Quick Summary

This discussion addresses the procedure for filing a mutual divorce petition after previous contested cases were resolved. Even though a divorce petition was disallowed and a RCR petition was allowed, a couple can still file a joint petition for mutual consent divorce under Section 13B of the Hindu Marriage Act. While courts typically allow a six-month cooling-off period, recent trends show some courts may grant divorce sooner. It's advisable to consult a lawyer for guidance on this joint petition process.

3 Replies

T. Kalaiselvan, Advocate (Advocate) 14 April 2024

Your friend has already filed a RCR petition through her lawyer and her spouse filed a divorce petition through his lawyer.

Now what is the confusion about filing a mutual consent divorce case?

Instead of filing a separate petition both have to file a joint petition for mutual consent divorce.

The lawyer will guide them hence contact the lawyer.

Advocate Bhartesh goyal (advocate) 15 April 2024

Both husband and wife have to file joint petition for mutual consent divorce u/sec 13 b of Hindu Marriage Act. Nowadays courts has been exempting six months cooling period and granting divorce immediately.