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Needing Divorce through mutual, pending RCR after Husband filed divorc


14-Jun-2023 (In Divorce Law)
Hus filed divorce petition in Dec. I had given RCR petition in Jan, The mediation started for Divorce, the file was returned to court by my lawyer in May. Can that be revoked and can we do the mutual divorce in the same petition. Now my Hus and i want to make terms and exit the marriage mutually. is there a need to file a new case like a new joint petition, My advocate says its not possible to do it in the existing divorce petition?nAlso for doing so should i withdraw my RCR petition as there is no reunion going to happen? Please advice what to do?
Answers (2)

Answer #1
925 votes
okay I understand your questions so now your RCR case and Divorce case pending in court but now husband desided to give divorce to you right yes it is possible in divorce case not filed mutual divorce you will take mediation in Divorce case and withdraw the RcR case and desidedd sll the points in divorce case and take divorce in contested also so don't need mutual. so if you need any legal help contact me thank you
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Advocate Bhagya C H

Adv. Bhagya C H

LawRato Bangalore / Bengaluru | 1000+ Answers
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Answer #2
864 votes
Dear Madam, You have to withdraw RCR case and file compromise petition under Order 23 Rule 1 and 3 of Civil procedure code and get compromise the divorce case in terms of settlement. You need not file new case under Section 13B of HMA Act.
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Advocate Kishan Dutt Kalaskar

Adv. Kishan Dutt Kalaskar

LawRatoBangalore / Bengaluru | 1000+ Answers
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