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3 years ago

My wife filed divorce petition on the ground of cruelty act under 27/1. And she had also filed for alimony under 36. Judge has rejected the alimony and asked to do a mutual divorce. Can the current case be converted to mutual divorce ? and under which act

Ankur Goel @ Complete Law Shield

Responded 3 years ago

A.the divorce petition have to be taken back and new application have to be filed for mutual divorce.
Section 28 of the Special Marriage Act, 1954


Hope this clarifies,
Advocate Ankur Goel
(Complete Law Shield) #YourLifeYourChoice
Note - This is just a small advice. Proper advice can happen only after going through details.
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Anik

Responded 3 years ago

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A.Hi,
Under Section 13-B of the Hindu Marriage Act, 1955, the parties can seek divorce by mutual consent by filing a petition before the court. Mutual consent means that both the parties agree for peaceful separation.
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Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
Divorce by Mutual Consent or Mutual Divorce is when both husband and wife mutually agree that they cannot live together anymore and that the best solution being Divorce, they would present a Mutual Divorce petition jointly before the honorable court, without putting forth any allegations against each other.
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Kishan Dutt Kalaskar

Responded 3 years ago

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A.Dear Sir,
Yes, it can be converted into mutual divorce please consult your advocate who may file necessary application.


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