Legal Question in Family Law in India

Pending divorce case
Hi,

I am married for the last 3 years and living with my parents for the last 1 year as my hubby filed a divorce case against me. I do not want divorce. we have had 5 hearings in the court but my hubby refused to take me bk to his house. My parents want me to get re-married .but they are also scared that if they do not find a match what will happen to me. I am educated and working in mnc. I am double minded. If i agree for a mutual divorce this time ..and my parents find a suitable match before 6 mths then i can easily sign the mutual divorce papers...as I was told that court waits for six months for both the parties to make-up their mind...but if i do not find anyone in these 6 months can i refuse for a mutual divorce when the next hearing for mutual divorce documentation comes after six months. can this affect my case. will i get all the money that was spent my parents in marriage?

Asked on 3/01/09, 3:06 pm

3 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: Pending divorce case

Last question first.

You are entitled to return of all your istridhan from your husband / in-laws /their house.

Istridhan means : all gifts given to the bride by both the sides - her parents, relatives, friends; AND her husband and husband's relatives/friends;

You may make a demand either by filing a police case u/s 406/420 IPC or by filing an application in the pending divorce case.

The provisions for "Mutual Consent divorce" are contained in Section 13-B of the Hindu Marriage Act.

If a mutual consent divorce petition is filed by the parties under Section 13-B of the Act, the court may record statement of the parties at the time of filing of the case and then adjourn the case for a date later than six months but before 18 months.

After expiry of six months when the case come up for hearing, the parties are required to affirm their previous statement. At this point of time, both or any of the parties may withdraw consent for divorce.

Thus you may first recover your expense/istridhan before giving consent for mutual consent divorce; thereafter the joint petition for mutual consent divorce u/s 13-B may be filed; and you may reconsider your decision before the next date of hearing which shall be not prior to six months from the date of first hearing.

Answered on 3/01/09, 5:54 pm

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