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?
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.
If you realize my professional skills, the time & efforts put in by me needs to be truly appreciated, and then Please “CLICK MY LIKES/ THUMBS UP/GIFT” button shown below this reply format & also CLICK/ WRITE a “REVIEW” in 5 star as I have answered your query in detail. Hope this information is useful
ADV. ANISH PALKAR (High Court)
If you realize my professional skills, the time & efforts put in by me needs to be truly appreciated, and then Please “CLICK MY LIKES/ THUMBS UP/GIFT” button shown below this reply format & also CLICK/ WRITE a “REVIEW” in 5 star as I have answered your query in detail. Hope this information is useful
ADV. ANISH PALKAR (High Court)
Helpful
Helpful
Share
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
If you found this helpful, do rate us.
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
If you found this helpful, do rate us.
Helpful
Helpful
Share
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
If you found this helpful, do rate us.
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
If you found this helpful, do rate us.
Helpful
Helpful
Share
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
Do rate me if found helpful
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
Do rate me if found helpful
Helpful
Helpful
Share
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.
Thanks
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.
Thanks
Helpful
Helpful
Share
Read Related Answers
Wrong address
Dear Madam,
You have to voluntarily appear before the Court through Advocate and participate in the proceedings by getting certified copies otherwise it may go ex-parte.
live in relationship
Dear Client,
Section 13 of the Hindu Marriage Act provides for the grounds of divorce. If a spouse has deserted the other one for a continuous period of not less than two years immediately preceding t...
NRI fraud
Dear Client,
it is prime to establish that there was a marital relation between you 2, if married then you can immediately file a complaint/ FIR under 498A IPC on grounds of cruelty with the police...
Spouse having affair in her office
Dear Sir,
Yes, you can do the same and the employer may cooperate with you to avoid dirty situation in the office premises.
Divorce
Dear Client,
In the given scenario, when your divorce petition is sub-judice before the Court, you can serve a strong legal notice to your husband to refrain from defaming your name in society or at y...
Read Blogs on Divorce
Divorce Lawyers
Find Lawyers by Location
