In mutual consent divorce per Hindu Marriage act, does is matter whose name shows up as a petitioner, first?
My wife and her family are insisting on mutual consent divorce due to some differences we have had. To avoid 498a misuse by in-laws family, I am thinking it’s the best option to end the matter now. Does it make a difference who is shown as petitioner #1 and who is petitioner #2 in a divorce by mutual consent petition, per section 13-B(1)?
Good decision on your part to avoid criminal charges under section 498A IPC & other anti dowry laws to agree for divorce by mutual consent. It hardly matter who is petitioner 1 or 2 or who is named petitioner & respondent in such petition for divorce by mutual consent under section 13-B of the Hindu Marriage Act, 1955. Just go ahead with it & try to get the order for divorce & the decree as soon as posible, even try to get this order immediately on basis of special circumstances in your case as held in various high court judgments thus avoiding the six months waiting period as provided in the provision.