Want to file for mutual divorce contested already pending in HC

My contested divorce dismissed by sessions court and contested divorce is pending in high court . Now our compromise has been done and we want to file divorce under mutual consent. can i file it in sessions court or not ? (2) there is any procedure so that high court can direct sessions court to file mutual divorce in sessions court. i want to add one thing another that i do not want to withdraw contested divorce first because by chance other party may break their promise then i have no other option to file divorce anywhere.

Answers (3)

67 votes

In high court, on the next date of hearing, make ar oral request or move an application for the same.
The judge will record the contention and make an observation n grant permission to file the same in the district court.
Direct approach to High court is not permissible.

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

316 votes

you have two options, first and the best is that you can be placed on record your compromise in the petition pending before the Hon`ble High court and grant mutual decree of divorce in that petition, 2nd, file a fresh petition before learned court of District Judge and grant decree of mutual divorce & there is no need to withdraw the petition pending before Hon`ble High Court.

Popular Divorce Lawyers

Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
34 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
20 years Experience
Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
21 years Experience
Advocate Wg Cdr Ajit Kakkar (Retd)
Dwarka, Delhi
21 years Experience
209 votes

You can file fresh joint petition for divorce with mutual consent without withdrawing high court pending petition. After making first motion statement you can withdraw the high court petition. .......... ... ..... ....... ... ......

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Divorce Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.

Related Questions

"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Related Articles