Convert section 11 and 12 into 13b Hindu marriage act

850 votes

Ensure both parties agree to divorce amicably and meet Section 13B conditions (living separately for one year, mutual agreement) Ensure both parties agree to divorce amicably and meet Section 13B conditions (living separately for one year, mutual agreement) Ensure both parties agree to divorce amicably and meet Section 13B conditions (living separately for one year, mutual agreement)

Advocate Santosh S. Gaikwad LawRato

792 votes

To convert a pending divorce case under Section 11 (void marriage) or Section 12 (voidable marriage) of the Hindu Marriage Act into a divorce by mutual consent under Section 13B, both parties must mutually agree to withdraw the original petition and file a fresh joint petition under Section 13B. Procedure: 1. Consent: Both spouses must agree to end the marriage mutually. 2. Withdraw Current Case: File an application before the court to withdraw the Section 11/12 petition with liberty to file under Section 13B. 3. File Fresh Petition: File a joint petition under Section 13B(1) in the family court where the original case is pending. 4. First Motion Statement: Both parties give statements and sign the petition. 5. Cooling-off Period: 6-month waiting period (may be waived by court on valid grounds). 6. Second Motion: After 6 months (or earlier if waived), both parties appear again to confirm consent. 7. Decree of Divorce: Court passes decree under Section 13B(2) if satisfied.

Advocate Kiran Ashok Gangurde LawRato

934 votes

Withdraw the contested petition of the divorce and file a joint petition for mutual consent divorce . The court will review the petition and first motion will be passed followed by cooling off period and Second motion .

Advocate Deepak Tiwari LawRato

946 votes

Mutual consent of both parties is required at every stage for an application under Section 13-B of the HMA to succeed, which includes: (i) when the parties move to the court at the first instance with the divorce petition (ii) when the parties approach the court after the waiting period (iii) when the court makes inquiry under Section 13-B(2) of the HMA; and (iv) at the time when the decree of divorce is granted. Therefore, it is only on the continued mutual consent of the parties that a decree for mutual consent divorce can be passed by the court. Therefore, in order to convert Section 11 and Sec 12 into Section 13B of the Hindu Marriage Act, 1955, consent of both the parties to seek Mutual Divorce is required for filing an Application under Sec 13 B of the Hindu Marriage Act, 1955 along with other requirements

Advocate Pankaj Bajaj LawRato