Mutual Divorce petition
2 years ago
I have filed the contested divorce petition in 2017 and now after 6 years respondent wife party told the court that she is ready for mutual divorce. Please tell me who should file the mutual divorce petition first?
A.Dear client,
Mutual consent is when both the parties agree for a divorce on an understanding so you can take back this case and then both the parties can file for a mutual consent divorce by acting as petitioners.
Thank you. Have a nice day.
Mutual consent is when both the parties agree for a divorce on an understanding so you can take back this case and then both the parties can file for a mutual consent divorce by acting as petitioners.
Thank you. Have a nice day.
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Vaidehi Samant
Responded 2 years ago
A.Mutual consent divorce is filed by husband and wife jointly and it has petitioner no. 1 and petitioner no. 2 (there's no petitioner and respondent). In your case if contested divorce is filed and ask your lawyer to find out from Court department whether the same can be converted to mutual consent divorce as regards to petition which certain amendments with the order of the Court and filing necessary affidavit along with decided consent terms to be attached to the converted petition. In your case 6 years you are staying seperate so the 6 months period should be ideally relaxed which is needed for mutual consent divorce. Thank you.
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If you have found the answer helpful than please provide review and give ***** as appreciation.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.Mutual Divorce means joint petition for divorce which has to be filed by the husband and wife through separate Matrimonial Suit either before the District Judge/ the Additional District Judge of that Court and after such filing usually next date is given after six months for evidence and if through evidence both spouses signify their consent then Decree of Divorce is to be passed.
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