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)


185 votes

Yes
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.


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218 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.

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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. .......... ... ..... ....... ... ......

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