Contested to mutual consent to contested divorce application
Querist :
Anonymous
(Querist) 01 August 2023
This query is : Resolved
Hello,
The wife filed a contested divorce application u/s 13A of HMA, while the application was pending, both husband & wife decided to settle their differences and opt for mutual divorce via an MOU. Accordingly, both approached the family court with their MOU, and asked for the same 13A application to be converted to 13B, and for the cooling-off period of 6 months to be waived as they have been living apart for several years. The family court obliged. After that, the wife refused to proceed with the MOU although the husband has complied with all requirements of the MOU from his end while the wife failed to comply with a single requirement. The wife has now unilaterally applied for the once-converted 13B application to be restored to 13A. Is this allowed? Thank you
kavksatyanarayana
(Expert) 01 August 2023
I opine a divorce petition filed under Section 13 does not automatically convert into Section 13-B on the application of parties. The consent of parties is the essential part of divorce under Section 13-B.
Dr. J C Vashista
(Expert) 02 August 2023
Both the parties will have to move a common petition u/s 13 B of HMA through their lawyer(s).
The petition under section 13 (1)(....)(....) of Hindu Marriage Act, 1955 (contested) cannot be converted in to Mutual Consent Divorce even if the parties have settled their dispute(s) amicably and executed MoU.
T. Kalaiselvan, Advocate
(Expert) 03 August 2023
You have been misinformed that the contested divorce petition has been converted automatically to mutual consent divorce just by submitting a memorandum of understanding.
If she has opted out of the proposal for compromise decree, then naturally the contested divorce case will continue
There is no illegality in it
