Sattlement

Querist : Anonymous (Querist) 10 December 2011 This query is : Resolved
In a matrimonial case petitioner wife want to settle the case. She want Divorce but I don't. The case is going on and I told her that now on wards at least 2 years will be there to decide the case. Instead file declaration in the court and join the matrimonial life for 1 year and we will see that we can adjust with each other or not. If yes no issue else we will move to court and get converted present petition into mutual consent divorce and the court will give divorce immediately as already 17 months have been completed to present case. I would like to know that whether this is possible or not? I mean if in future we have to take divorce under mutual consent then we have to wait for a period of six month or court will grant divorce in next hearing after MCD petition?

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adv. rajeev ( rajoo ) (Expert) 10 December 2011
You will have to wait for 6 months.

V R SHROFF (Expert) 10 December 2011
I appreciate your thinking.
Apply for 13B now,
No need to file any declaration.
Let this between you two only.

Also try to live together, and if works, nothing like that.
If not, separate peacefully.

Devajyoti Barman (Expert) 10 December 2011
Whether a case is pending or not, for mutual divorce waiting for six months is mandatory.

Advocate M.Bhadra (Expert) 10 December 2011
If there is a Divorce suit on contest is pending then you are both can approach to the Court to switch over the said suit on mutual consent by filing a joint petition.Otherwise you can file a divorce suit on mutual consent and wait for another six months.

Raj Kumar Makkad (Expert) 11 December 2011
Bhadra has perfectly opined my views.

Guest (Expert) 11 December 2011
You may follow the advice of Mr. Bhadra.

Shonee Kapoor (Expert) 11 December 2011
I disagree, once you stay together, the 13B would be hit by; STAYING SEPERATELY FOR MINIMUM ONE YEAR.

Hence, you would have to wait for minimum 18 months. Though court can waive off the first 12 months on its discretion.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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