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Mutual Divorce Filed by Me And My Wife


31-Jan-2023 (In Divorce Law)
I have a query regarding my mutual divorce petition. I have filed conjugal rights against my wife and she has filed divorce petition and after three counselings and mediation we have filed for mutual divorce. I just wanted to know what will happen to the conjugal rights case and divorce case which was filed before the mutual divorce petition...kindly elaborate the proceedings... Thank u in advance
Answers (2)

Answer #1
533 votes
The conditions required under section 13B of the Hindu Marriage Act are as follows:

(i) Husband and wife have been living separately for a period of one year or more.

(ii) That they are unable to live together.

(iii) And that both husband and wife have mutually agreed that the marriage has totally collapsed. Hence marriage should be dissolved. Under these circumstances, a Divorce by Mutual consent can be filed.

As per the Indian Legal system, a divorce procedure fundamentally begins with the filing of a divorce petition.
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Answer #2
732 votes
once u filed the mutual divorce petition the very purpose of the restitution petition and divorce petition will not serve. so u both must withdrew those petitions stating that you have filed mutual divorce petition
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