I understand that,
- in mutual divorce there is cooling period of 6 months.
- However, I heard that when contested divorce is converted in mutual divorce, there is no need of 6 month cooling period.
Is this information correct?
I got Married on Nov 2010, after 3 months she got pregant and demanded money and seperate house, we rejected, she left house on may 2011.
Since 5 years we are living seperately till now.
Contested divorce filed on september
Filling court - Thane
Filing Date: 04-09-2015
Registration Date: 08-09-2015
Wife was not taking summons, since the first hearing which was on 28-10-2015. So, notice was not served, until last month, that is july 2016 - notice was served. (11 months). Also, note that, she filed a false 498a, 323, 506 & crpc 125 in her native place in Uttar Pradesh.
She came to thane court few days back, and both parties were asked for meditiation. We are on verge of settling the issues, by going for mutual divorce. Also, next mediation date is on friday. - 26 aug 2016
Please note : I have a baby girl, right now she is with her mother. .i.e my wife.
- Question #1 - Lawyer stated that - my contested divorce in family court can be converted to mcd, giving me divorce in 1 day and decree within 15 days. Since, it has been time I filed contested divorce.
- Question #2 - What about the false cases she filed on me? Some says that it should be removed first? How my wife family will remove false cases on me and my family?
- Question #3 - I think, this is a trap? First they will take money and then she will withdraw her consent before i get the decree. How to avoid such situation?
- Question #4 - In a mcd which has been converted on basis of compromise, will she get a punishment if she withdraw her consent or isn't that a cruelty on her behalf, which again is a ground for divorce?
Honourable Advocates, and friends here, please guide me, as I don't want to get stuck and be a fool. I have seen many cases where wife family take money and linger cases
