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Divorce with mutual consent under section 23 without applying 13B
06-Jan-2025 (In Divorce Law)
I have filed for divorce u/s 13 ia and my wife is coming forward for divorce with mutual consent although there has been no negotiation in that direction involving alimony, maintenance and child custody. She is not ready to file any objection statement. Her lawyer is proposing to file for mutual divorce under section 23 without applying 13B. Is this lawful and legal? What are consequences that may arise in the future if court grants decree. Can consent be withdrawn and proceedings reinstated?
better change your lawyer 23 is power of court to pass decree for that either petition under 13-B or 13 has to be filed. once consented it cannot be withdrawn if it is mutual divorce. Better appoint a good lawyer who can handle these matters
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Adv. Swarnarka Chowdhury
Mysore | 400+ Answers
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Dear Sir,
Mutual Divorce is legal and you may propose the terms of Mutual Divorce and share the same with other side Advocate so that either referred to mediation or application may be filed for compromise the same pending divorce case. It is very hard for the husbands to get divorce. Take benefit for such opportunity and go for mutual divorce.
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Adv. Kishan Dutt Kalaskar
Bangalore / Bengaluru | 1000+ Answers
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