Hi, Me and my wife has been living separately from past 6months. My wife recently has issued a notice which says : Section: 13,B and status: "Await Mediation report" for the next hearing. Could you please let me know what is this 13,B Section and I have not signed or agreed for any mutual divorce. I am a bit confused as what will be the next course of action. I am in process of appointing a new lawyer. Please help me understand if she can file 13,B with out my consent and what does this Await Mediation report means? Thanks in Advance.
petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together,Under section 13 B of Hindu marriage act
after filing it is referred to mediation and mediator submits his report to court
petition cannot be filed without yiur consent
Any application/petition under Section 13B is filed jointly by husband and wife, it will not be accepted if only one spouse files such petition. There must some confusion. Such notice can be only be sent by lawyer, you will not get any such onesided notice from Court. You can approach family Court mentioned in the notice and ascertain the facts.
S. 13B pertains to mutual consent divorce by the parties. When you haven't applied how can she unilaterally file the petition.
Engage a lawyer who will find out and take a copy of what has been filed by her. On the basis of the papers you should decide your next step.
Dear client pl check next date of ur case and approach to court and mediation center same building family court.. and tell that u never signed any divorce petition..and never attended mediation.. and attend court room on ur hearing date ..and give statement that u don't know about this divorce and u never signed any petition...
No she will need your consent for the same. She needs to file contested divorce in the said case
No, she can't file petition Under Section 13-B without your consent.
Mediation report means that when a couple files petition for divorce in the court, the court sends the case to mediation center in order to give time to the parties to settle their dispute amicably.
In mediation the mediators wish confirm whether your mutual divorce proposal is genuine and bonafide. They try to convince you to continue the marriage. If you unable to convince them then they will ask you to come on another date. Be firm on your grounds for mutual divorce
Section 13B of the Hindu Marriage Act, 1955 mandates that in case of divorce by mutual consent, there has to be a composite period of 18 months of separation — one year provided in Section 13B (1) and six months in Section 13B (2).
Section 13B. Divorce by mutual consent.
(1) Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976 (68 of 1976), on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.
(2) On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree.]
Section 13 B of H M Act is for divorce by mutual consent:
a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.
Therefore you may note that the petition has to be signed by both together before filing it before concerned court.
You can engage the services of your own advocate and proceed as per law.
- 13B is mutual divorce, and it cannot be filed without taking the consent and approval of other party
- Further, for mutual consent divorce , a joint petition dully attested by the parties shall be filed before the court.
- Further, for mutual consent divorce , there is no requirement for Mediation , hence you can enquire from the said court personally to get the full information of the case if any.
