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Divorce can we keep two petitions alive in respect of a divorce case
28-Jan-2023 (In Divorce Law)
I have given a divorce petition against the husband. It was going in court for 1 year now.
The husband is ready to give mutual consent divorce now. But he is asking for the withdrawal of the previous petition.
In respect of mutual consent divorce, he has to come and sign after six months again, whereas I am doubting whether he will come. He may fraud me.
Hence I need to know whether there is any option to keep my first petition on hold till the mutual consent divorce petition gets finalised.
Thank you.
the filing of two cases for same cause of action is not available before the court. the sec 13 of HMA deals with the divorce proceedings. you may either contested the divorce or file a new one. for mutual two people are necessary.
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Adv. Murali Krishnan Sanjeevi
Chennai | 700+ Answers
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you can sign a mamorandum of understanding to withdraw the petition and all other issues in the same agreement and can withdraw the petition and can file the consent petition which he can't disobey the court therefore it is necessary to withdraw all pending petition from the court very filing the consent petition
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