Legal Question in Family Law in India

My question is I am in US and want to seek divorce based on 13B. Person I was married to and I reached a compromise and signed the same in Supreme Court mediation therby the court dismissed the SLP. We have filed the copy of papers under 13B in district court but now as I am in US I have given the power of attorney to my father and other party did not appear on the dates. It is 4 yrs now for marriage.As asked I have copied the order of the Supreme Court below . Please guide accordingly. Thanks in advance.
When the special leave petition was taken up for
SLP (Crl.) 2
consideration on 19th September, 2011, we had referred the
parties to mediation and a report has been received from the
Supreme Court Mediation Centre, which indicates that the
parties have arrived at a settlement, though, they have
decided to separate from each other. While they have
decided to withdraw all the cases, which are pending against
each other, in clause (viii) of paragraph 7 of the
Agreement, they have prayed before this Court to dissolve
their marriage treating the Section 10 application, as a
joint petition under Section 13B of the Hindu Marriage Act,
1955 (for short 'the Act'), and to pass a decree of divorce
by mutual consent.
Having heard learned counsel for the parties and
since from the mediation report, it appears that the
marriage has broken down irretrievably and there is no
possibility of the parties living together, we invoke our
powers under Section 142 of the Constitution and while
disposing of the Special Leave Petition on the basis of the
settlement arrived at between the parties, we also direct
that a decree of divorce by mutual consent, be passed on the
Section 10 application, treating the same to be one under
Section 13B of the Act. A decree to that effect be drawn
up.
The special leave petition is disposed of
accordingly.

Asked on 2/14/12, 6:14 am

4 Answers from Attorneys

0 users found helpful

0 attorneys agreed

U can get divorce only after the final statements of both sides under13-B if ur husband never make statement then u can take divorce under sec.13 and for more clarification u can contact m

Answered on 2/14/12, 7:21 am

Mark as helpful

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

0 users found helpful

0 attorneys agreed

the divorce has been granted by the Supreme Court. what is left for the other party to appear for. what is the need for filing a petition for mutual consent when SC granted you divorce?

Answered on 2/14/12, 8:26 pm

Mark as helpful