Procedure to follow in case contested divorce filed by wife.

i got married in feb 2017 and m living separately from june 2017 my wife and i mutually signed notarized document of divorce agreement in december. Now my wife has filed divorce petition as per sec 13 (a) contested divorce. pls help me what shud be done to deal with this. I belong to hindu religion and from gujarat state

Answers (3)

86 votes

first of all you need to be clear what you want. you are already separated from your wife and you have allready went for notarised divorce. now she need not to file a sec 13 (a). she must be misguided. if you both want the same then there is another way.

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53 votes

Without seeing your notarised divorce deed proper advise cannot be given. If she has filed Divorce petition then you submit your reply along with the said deed and if you both are agreed still now for divorce then the said application can be converted into mutual divorce petition.

Adv. S.R. Shukla

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105 votes

Respected sir,
If a mutual divorce agreement is already signed then the correct approach should be under section 13(b), Hindu Marriage Act, 1955. However, when the other side has proceeded under 13(a), file your appearance through an advocate and request the court that there lies no dispute as to dissolution and there is an agreement pursuant to that effect for separation and request for the matter to be either converted into 13(b) or refer it to mediation.

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