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Husband filed for divorce, I have filed my counter reply
21-Jul-2026 (In Divorce Law)
Husband filed for divorce, I have filed my counter reply against divorce but no counterclaim made. Now after 2 years of court proceedings, I have changed my mind and now I also want divorce. Case is in stage of pw3 cross examination. What should I do now to grant divorce early. Should I file petition to withdraw my counter filed earlier or should tell judge that I'm also willing for divorce. What should I do and best way. Plz suggest if any options are there
Dear Client.... If both spouses agree to part ways, the cleanest and quickest route is to convert the ongoing contested divorce petition into a Joint Petition for Divorce by Mutual Consent (under Section 13B of the Hindu Marriage Act or the equivalent personal law) need furthermore clarification or doubt please call me thank you
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Adv. Iyappan. E
Chennai | 100+ Answers
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Hello Sir/Mam,
you can tell the Judge that you also want the divorce and you are willing to withdraw the current divorce case and also mention the court that you will simultaneously mutual divorce petition. For better clarifications and for further discussions please feel free to contact us. thank you
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Adv. Adhithyan C
Coimbatore | 100+ Answers
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Since you have already filed your written statement opposing the divorce, you do not need to withdraw it merely because your view has changed. Inform your advocate and, if appropriate, make a statement before the Family Court that you no longer oppose the grant of divorce. If both spouses now agree on all issues (alimony, child custody, property, etc.), you may explore converting the matter into a mutual consent divorce, subject to the court's discretion and applicable law. Otherwise, you can simply stop contesting the husband's petition, and the court may proceed to decide the case on the available evidence. Your advocate can advise the best procedural course based on the present stage (PW3 cross-examination) and the facts of the case.
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Adv. Elango D
Kanyakumari | 5+ Answers
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Since you have not filed a counterclaim for divorce, there is no need to withdraw your written statement merely because you have now changed your mind. If you are willing to consent to the divorce, your advocate may inform the Family Court accordingly. If both spouses are now in agreement, you may explore converting the matter into a petition for divorce by mutual consent, subject to legal requirements and the court's satisfaction. If mutual consent is not possible, you may simply refrain from contesting the husband's divorce petition, and the court will decide the case on the evidence already on record. As the matter is at the stage of PW-3 cross-examination, consult your advocate before taking any procedural step, as the appropriate course depends on the facts and the reliefs sought in the case.
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Adv. Hemalatha Narayanan
Chennai | 100+ Answers
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yes as seeing in your case stage, please ask judge to refer mediation due to willing to give divorce mutually so then if judge allowed mediation you can settle all things with help of mediation and then mediator reports to court then divorce will granted
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Adv. Sri Siva Darshini T
Madurai | 25+ Answers
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