Conversion of petition

The short answer to your question is YES.

thnx fr ur reply.
does it attract normal cooling period of 6 months.

The previous petition under section 13(1)(1-a) Hindu Marriage Act,1955 has to be withdrawn and fresh petition under section 13B HMA has to be filled. No conversion of one type of petition to another, wrongly adviced if that is being done to you anywhere by anyone.

There is no cooling period of 6 months done automatically, the cooling period need to be applied after first motion by both parties and on the basis of exeptional facts and circumstance of the case, the Family Court may allow that relief and takeup second motion before 6 months.

You can benefit from illustration by Mr. Vijay Raj Mahajan.

You can convert the petition u/s. 13 (1) (ia) into petition u/s. 13B. After converting the petition into petition u/s. 13B from the first date 6 months cooling period starts. Further cooling period can be waived as per merits of the case. 

While thanking you all learned advisors for sparing your time. Please inform

is it possible
on the strength of duly signed consent terms [MOU] for Mutual Consent Divorce [MCD],on existing Petition which run for one year in counseling stage,
does one get a Divorce Decree on that very same day ?

if not, then
does it mean one has to pass through the normal process of mcd ?
like filing fresh petition for mcd, cooling period etc. etc.

respected sir,
is it feasible for one to get Divorce Decree on the same day of duly signing  consent terms [MOU] based on existing Petition for Mutual Consent Divorce [MCD] ?

Both spouses can apply to waive off cooling period…and presiding officer may waive off per facts and merits…

IN another recent thread presiding officer called spouses after 3days and waive off…..

However try to get all cases to be withdrawn before hand in MoU and get withdrawn..

Ld. Adv./advisor,
thnx.
regret for sliping out of my mind about fact to mention that for WAIVING of cooling period  NEITHER any request in the document of MoU for conversion of existing petition into MCD  NOR any separate application for this were jointly made.

ld. adv./advisor,
we had not jointly made request for condonation of 6 months period of waiting for divorce.
Ours was a simple MoU of consent terms for conversion of exiting petition ino McD