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Filed Divorce case against wife on adultery and cruelty basis


24-Aug-2023 (In Divorce Law)
I have filed divorce case against my wife on adultery and cruelty basis, next first hearing date is scheduled after 2 months. after filling the case we have shown adultery proofs to my in laws. Now after seeing, my in laws are agree for divorce by way of mutual consent. I have the following concern. 1. Do i have to file another application for mutual consent, then what will be happened to my present petition for which next hearing is already fixed after two months? 2. OR is that possible that my present petting can be transfer into mutual consent by any other method. 3. Last, if my wife come on coming hearing date in court and accept that its all her mistakes and agree for mutual divorce, then is that okay..? what i have to do in this scenario. Kindly help me out. Thank you...
Answers (3)

Answer #1
878 votes
Good Afternoon! You can amend your present petition into mutual consent by filing amendment application and making amendments in the petition which is already in court. You don't have to file another one. Besides that it is very important that 'consent terms' are carefully filed so that your wife doesn't go back on her words and doesn't claim any alimony/maintenance from you in future.
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Advocate Menaz Maqbul Shaikh

Adv. Menaz Maqbul Shaikh

LawRato Mumbai | 100+ Answers
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Answer #2
726 votes
This case can be converted. It is very very important for you to have the consent terms drafted very well for conversion. 6 months time will be given to you both to rethink on your stands before final order will be granted
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Answer #3
955 votes
You will have to withdraw the current petition and file a fresh petition for separation by mutual consent. Mutual consent will take very less time compared to the current petition that has been filed.
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Advocate Ramgopal Aiyer

Adv. Ramgopal Aiyer

LawRatoNavi Mumbai | 200+ Answers
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