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Running Contested Divorce case to convert into Mutual consent Divorce
13-Nov-2023 (In Divorce Law)
My relative has filed a divorce case which has been contested by her husband, and issues have been framed in that case. Now the husband approaches for Mutual Divorce. We asked our lawyer for conversion of the existing case to Mutual case. Our lawyer says that this provision is obsolete now and she has to first withdraw the existing case and file and file a fresh joint petition for Mutual Divorce since H/Supreme Court has prohibited conversion of Contested Divorce case to Mutual one (on compromised terms) on the basis of a joint petition seeking conversion. But she is reluctant to withdraw the existing case as she thinks it might be a ploy of her husband. What we should do now? Is there any provision for such conversion currently? Or any other provision without withdrawing the existing case.
No, the contested divorce can turned to mutual by the hon'ble court who has tbe power to do so, your lawyer is misguiding you for only one reason because his regular income will stop. There is no need to file a separate mutual divorce petition. Court will convert the existing petition to mutual consent divorce petition. On the next date of hearing depending upon the agreement between the parties, court can pass order of divorce if both the parties are present and agree for the consented order.
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Adv. Aveek Bose
Kolkata | 500+ Answers
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Can contested divorce be withdrawn?
You can withdraw a petition at any stage of the case by providing the judge with sufficient grounds. Thanks. A. Yes, you can withdraw your divorce petition at any time.
Which divorce is better mutual or contested?
Mutual divorce is more likely to be resolved outside of court. Contested Divorce Often ends up in court for decisions. 04-Oct-2023
Can court reject contested divorce?
A judge can reject the divorce petition in both situations, whether it is a mutual divorce or a contested one.
How can I convert contested divorce to mutual divorce in India?
You must file a joint request to the court for permission to convert the divorce petition with mutual consent. This application must be accompanied by the affidavits from both parties.
Yes, contested divorces can be converted into mutual divorces. In the presence of both parties, either of your lawyers can submit a request for converting divorce petition. Both of you must make a joint statement at the next hearing date, in which all agreed terms will be noted and signed.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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