Mutual divorce

Parm (Querist) 14 December 2015 This query is : Resolved
Respected Sir
My contested divorce dismissed by sessions court and contested divorce is pending in high court . Now our compromise has been done and we want to file divorce under mutual consent. can i file it in sessions court or not ?
(2) there is any procedure so that high court can direct sessions court to file mutual divorce in sessions court.

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P. Venu (Expert) 15 December 2015
The changed scenario may be brought to the notice of the High Court.

Rajendra K Goyal (Expert) 15 December 2015
Repeated query:

http://www.lawyersclubindia.com/experts/Regarding-mutual-divorce--575096.asp#.Vm-0REp97IU

Advocate Kappil Cchandna (Expert) 15 December 2015
Sir,

Take the leave of the HC and file before the family court.

Warm Regards
Kapil Chandna Advocate
9899011450

Parm (Querist) 15 December 2015
Sir whats mean of leave of HC ?

Guest (Expert) 16 December 2015
it will be safer to bring your changed situation before the high court and high court will do what is legal.

Anupam Lahiri (Expert) 16 December 2015
It is not understood as to what is pending in the High Court. If your divorce petition is dismissed, then petition for divorce on mutual ground is not permissible as it is barred on the principle of res judicata.

However, due to changed situation, you may apply to the High Court, for leave to file joint petition for divorce.

Consult your Advocate for appropriate relief.

Rajendra K Goyal (Expert) 16 December 2015
Also repeated at:

http://www.lawyersclubindia.com/experts/Regarding-mutual-divorce--575261.asp#.VnFrIUp97IU

K.S.Srinivas (Expert) 18 December 2015
Consult your advocate for taking necessary action.

T. Kalaiselvan, Advocate (Expert) 24 December 2015
If you both have decided to call off your marriage by mutual consent, then can file a petition with the high curt in the pending appeal about this and seek relief accordingly. On the basis of this joint petition, high court may remand the matter to trial court with instructions accordingly.

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