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Mutual Divorce (13B) in less than 1 year of marriage


05-Oct-2023 (In Divorce Law)
My marriage has not completed 1 year yet and we have filled a mutual divorce case (13B) in district court. We have also filed an application to waive off the 1 year period and have also given the reference of Shivani Yadav Vs Amit Yadav (2021) case. As per HMA 1 year separation is mandatory but it is not so in our case. The Stage of Case is "Consideration". What does it mean ? Is the case accepted by the district court ? Ideally it should be rejected right ?
Answers (4)


LawRato

Answer #1
565 votes
Hello sir, As per the facts stated by you, if it is pending for consideration then yes the Hon’ble Family court will consider whether its maintainable or not The family court will generally dismiss such petitions Please feel free to contact us for further assistance Thanks Adv Dr Preeti
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Dr. Preeti Manderna

Dr. Preeti Manderna

LawRato Panchkula | 400+ Answers
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Answer #2
530 votes
As per section 13b, 1 year separation is mandatory. You have to withdraw your case till the separation period. After that you should file again with new ground. For detail discussion you can contact at my number.
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Advocate Arun Yadav

Adv. Arun Yadav

LawRatoRewari | 25+ Answers
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Answer #3
764 votes
It means that on the next date of hearing the court will consider your application/ petition and decide whether to allow it or dismiss it. As of now, it has neither been allowed nor dismissed, it is still pending.
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Advocate Madhuri Bakshi

Adv. Madhuri Bakshi

LawRatoFaridabad | 50+ Answers
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Answer #4
648 votes
it is accepted by the court and this will remain the same as both the parties in mutual divorce is petitioner's so the time period between 1st motion and 2nd motion is the time for consideration as they have time to resolve the dispute between them and if possible then they can resolve them and if there is any possiblity to save the Matrimonial bond of both the parties them they can solve the same
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Advocate Gurudeep Saini

Adv. Gurudeep Saini

LawRatoGurgaon / Gurugram | 25+ Answers
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