Divorce Law Videos - How to convert contested divorce to mutual divorce

When the parties after ongoing legal trial in a contested divorce finally come to terms, they can at that point convert their existing petition to a mutual divorce petition. A contested divorce can be converted into a mutual divorce. The courts have the power to do the same, where they convert an existing petition to mutual divorce petition. Upon agreement between the parties, the courts can pass such an order when both parties are present and agree for consented order. The courts may also waive off the cooling period of 6 months in some cases as well using their power mentioned in Section 151 of CPC

The power under S.151 is discretionary, the Courts may in some cases demand a fresh Mutual Consent Divorce Petition u/S. 13B of the Hindu Marriage Act.

All the marriages solemnized under the Hindu Marriage Act, 1955 can be ended by obtaining a decree of divorce as per the provisions of the Act. The Hindu Marriage Act provides for two ways by which a divorce can be granted.

A contested divorce which is also referred to as divorce without mutual consent. This is a situation when only one of the spouse wants a divorce and the other party is not in favour of a divorce. The Hindu Marriage Act by way of Sec. 13 provides for 10 grounds on which divorce can be obtained without mutual consent.