Conversion of annulment case into mutual case
24-May-2025 (In Divorce Law)
Can I convert section 11 and 12 into mutual consent 1 year will complete after 2 months
Sections 11 and 12 of the Hindu Marriage Act, 1955, deal with void and voidable marriages, respectively. Section 11 defines void marriages, which are considered invalid from the start and can be declared null by a court. Section 12 addresses voidable marriages, which are valid until annulled by a court on specific grounds. So, one day, if you suddenly turn up and say to Court, whatever previous petition you have filed was not factually correct, and as such, now you want to change your stand and want to seek Mutual Divorce, Will the Court agree? No, it won't, unless and until you convince Court, that, Why you have filed the Petitions under Sec 11 & 12 first? If Court thinks that, you did so, to play fraud with it, to lie before it, then, you may be punished also !
Dear Client,
Yes it is possible, though, I would suggest you wait for a period of 8 more months so that the cooling off period of 6 months before the 2nd motion can be waived off.
Furthermore please confirm if the other spouse is ready to undergo the process of divorce by mutual consent, without which the entire process of divorce by mutual consent will be futile.
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