Filed contested divorce and temporary case number allocated,
15-Feb-2026 (In Divorce Law)
Can I with draw contested divorce after receiving temporary case number or how can make contested as mutual divorce
since you are saying temporary case then it might have got SR number go to section to stp for check and put up they will hold and return your file through yout advocate, and apply for mutual divorce with a good advocate this is very simple process I am not understanding why your advocate is not guiding you,be careful with such people..they will drag your case.
You can withdraw a contested divorce at any stage before final judgment by filing a memo/petition for withdrawal before the same court. Once both parties are willing to settle, you may convert the matter into a mutual consent divorce by filing a fresh joint petition under Section 13-B of the Hindu Marriage Act after resolving all issues such as alimony, child custody, maintenance and property.
The temporary case number will not create any legal bar. The court generally permits withdrawal and encourages settlement. After filing the mutual consent petition, the statutory cooling period and procedural requirements will apply, unless waived by the court in appropriate cases.
It is advisable to complete settlement terms in writing and take proper legal guidance before withdrawal to avoid future complications.
Yes, a contested divorce can be withdrawn even after a case number is assigned, since the petitioner has the right to withdraw the petition before final judgment. However, a contested divorce cannot be directly converted into a mutual consent divorce; instead, both parties must reach a settlement on all issues such as alimony, custody, and other pending cases, and then file a fresh joint petition for mutual divorce under Section 13B of the Hindu Marriage Act, 1955.
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