Legal Question in Family Law in India

13(A) filed before 1 year, but 24 hours after 12(1)(a) of HMA

Wife has deserted husband after 2

months of their marriage. the

marriage is not consummated, also,

marriage has not completed 1 year.

accordingly, husband filed for nullity

petition on a particular date,

exactly after 24 hours,i.e. on the

next day, wife, from her parents'

place has filed for divorce on

grounds of section 13(A) of HMA.

1. How can anyone apply for

divorce within 1 year of a non-

consummated marriage, even HMA

clearly says divorce after 1 year &

nullity before completion of 1 year.

2. does the wife's petition, has to

be attached with any orders by the

high court, which might have

allowed her to file for divorce within

1 year. however the petition had

only the family-court's stamp & no

HC permission papers attached. so,

how to check the genuineness of

her filing divorce within 1 year.

3.can the filing of divorce by the

wife after 24 hours of filing nullity

by the husband help the husband

in any way.?, shall her case be

transferred to husband's family

court or can her case be dismissed

on the grounds that husband has

approached first to the court as he

has approached court before her

(24 hours) on record...kindly reply

point-wise at ur very earliest..


Asked on 12/28/08, 1:17 pm

2 Answers from Attorneys
Prof.Somnath Mukherjee s.mukherjee associates,09874053359

Re: 13(A) filed before 1 year, but 24 hours after 12(1)(a) of HMA

1)Any one can file a divorce within one year by taking proper permission of the concern court not by the High Court.2) Nullity is seperate and the divorce is seperate filing divorce may not help your nullity case, you have to prove your case and if you prove the same your wife got no maintenance.3) it is difficult to transfer your wife's case in your court but you may apply for the same.

Read more
Answered on 12/28/08, 1:39 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: 13(A) filed before 1 year, but 24 hours after 12(1)(a) of HMA

(1) A divorce petition is maintainable after one year of marriage;

(2) One may inspect the court file by making appropriate application and take notes of entire material available on record;

(3) The two cases may be clubbed at the place where wife's petition is pending.

Advice : Try to reach an amicable out of court settlement of all disputes at the earliest to avoid unncessary loss of time and expense.

Read more
Answered on 12/28/08, 2:49 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in India