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Converting contested divorce to mutual consent divorce Converting contested divorce to mutual consent divorce

3 years ago

What is the right procedure to convert the contested divorce petition to mutual consent divorce?

Anish Palkar

Responded 3 years ago

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A.Withdraw the petition for contested divorce and reapply for mutual consent divorce having fresh terms and conditions having decided by both of you willingly as per Sec 13B and the standby period for such mutual consent divorce is 6 months and to get the final DC order.

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ADV. ANISH PALKAR (High Court)
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Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
No filing of a separate mutual divorce petition is needed. Court will consider converting the existing petition to mutual consent divorce petition. And in the next hearing depending upon the agreement between the parties, the court will pass an order of divorce if both the parties are present and agree to the consented order. Thank You
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Anik

Responded 3 years ago

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A.Hi,
There is no need to file a separate mutual divorce petition. Court will convert the existing petition to mutual consent divorce petition. On the next date of hearing depending upon the agreement between the parties, the court can pass an order of divorce if both the parties are present and agree to the consented order. Thank You
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Ashutosh Patel

Responded 3 years ago

A.Yes the petition on any of the grounds mentioned under section 13 can be converted into one section 13-B by way of amendment,if both the parties mutually agree and sign it.However the requirements of section 13-B must be fulfilled:
1-parties are living separately
2-one year or more has passed living separately
3-both agree that their marriage should be dissolved
4-petition for divorce should be by both parties
5-the consent should not be withdrawn by either parties within six months or hearing of the case whichever is earlier
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Sanjay Kumar Jha

Responded 3 years ago

A.Dear client,
This depends on mutual request through appearing respective advocates before court for filing common petition before court , duly signed by parties with affidavits and advocates.
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