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Advice required on the mutual petition to be filed(Hindu Marriage Act)


25-Nov-2023 (In Divorce Law)
I filed for divorce case against spouse due to mental/physical harassment. When she was notified, she proposed to go for mutual divorce. My lawyer prepared mutual divorce petition, acknowledging the existing case and its potential termination upon mutual agreement. Her lawyer insists on first withdrawing the existing case before filing the mutual petition. I am concerned that withdrawing the case could leave me vulnerable if she then refuses to proceed with the mutual divorce. Please advice.
Answers (2)

Answer #1
971 votes
Yes you are absolutely correct. Withdrawing the divorce case would prove to be fatal. The solution is that, in that same proceeding a petition can be filed to convert the divorce proceeding into a mutual divorce proceeding. File a petition in the court concerned that now both the parties are willing to get divorce mutually, and after the court passes orders for conversion then you both can file petitions u/s - 13-B of Hindi marriage act (if you are a Hindu ). Then the case would proceed as a mutual divorce case.
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Advocate Sahil Kumar Nair

Adv. Sahil Kumar Nair

LawRato Balangir | 100+ Answers
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Answer #2
937 votes
Clearly, your wife’s lawyer seems incompetent. However, your lawyer has come up with the most appropriate strategy and this is how most of the mutual divorcé settlements are arrived. I would not recommend you to withdraw the case until you have filed the mutual petition. The fact that she is the one who has proposed mutual divorce, after you filed the case, you should now use that as a leverage to convince her for the mutual divorce.
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Advocate Sandipan Mohanty

Adv. Sandipan Mohanty

LawRatoBhubaneswar | 5+ Answers
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