How to convert contested divorce to mutual consent divorce


Dear All experts,

                                I am in need your help. I have filed for divorce last year and its still on going. Now she has come for mutual consent divorce with alimony. What i heard that  I have to wait for next 6 months to finish the MCD. In 5 years of marriage life we lived together only 3 months. After that we both are staying seperately. We dont have any child in our wedlock. We have got sign from her for MCD in 100rs stamp paper saying that we are giving this much of money in 1st motion and balance money will give at the end of the MCD. 

Now my concern is I dont want to wait  for next 6 months. So can I convert existing contested divorce to MCD? If it  is possible to convert then what are the steps that I have take and the  procedure too? Please help me urgently.

Once she signed for MCD can she withdraw the case before 6 months? 

I really appreciate your help....  

Thanks,

Kumar.

 
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@ kumar,

check out the below two discussions, could be helpful for your scenario.

http://www.lawyersclubindia.com/forum/Contested-divorce-to-mutual-consent-precautions--107768.asp

 

http://www.lawyersclubindia.com/forum/Difference-between-mcd-and-compromise-petition-108011.asp#.U__8hcVdWSo

Good luck!

 
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Advocate (Shimla) 9418614888 098160-92892

You have to wait to get mutual consent divorce. Both of you will file mutual consent petition their will be 1st motion and after six months 2nd motion. Then only Ld court will grant you divorce on mutual consent.

 
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Advocate Solicitor & Consultant

Your contested Divorce petition shall have to be withdrawn by you and a fresh Divorce petition for the Mutual consented Divorce has to be presented in the court and only after the first motion you have to file second motion after laps of Six months and within 18 months. The same petition will not be converted but be withdrawn and a fresh has to be filed for MCD.under sec 13 B HMA.

 

 
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In your case, you can ask her to file a memo stating that she is submitting to the decree you have prayed for in the main petition without allegation and also based on the out of court settlement in this  regard.  Is she is able to file a memo this way through her advocate, she may be asked to let her evidence to this effect in the witness box by the court, subsequent to which the decree of divorce may be granted by court, you do not have to wait for six months by filing fresh MCD case etc. 

 
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Dear All,

                 Thanks a lot for your inputs. 

@Kaliselvan Sir,

                               Since, as I am giving one time alimony to her, she is thinking that not to involve her lawyer in this deal as she paid lot of money to him. In that case can she appoint my lawyer to file the memo on behalf her? And also I have told her like I will give money on the day when we file the case on MCD. She is ready to come for sign the papers. 

Thanks,

Kumar.

 
Reply   
 

Mutual consent Divorce Procedure and complete guide

What is Mutual Consent Divorce?

Mutual consent divorce is a process by which martial status of a married couple comes to an end. This is one of a way to get divorce and most easiest form compared to other forms like Divorce by DesertioncrueltyAdultery etc. This mode of divorce is normally called uncontested form of divorce and is envisaged in Section 13B(1) and 13B(2) of Hindu Marraige Act 1955. This form is commonly known as first motion and second motion divorce petition both petitions separated by 6 months period.

Procedure to get Mutual Consent Divorce

Here are some of the requirements of getting divorce by mutual consent

  1. Mutual consent

As the name suggest Mutual consent divorce first requirement is that there must be a mutual consent between the couples. That means all issues between them like custody of children, maintenance, alimony have been resolved between them and only they intend is to get a divorce only. There is also a separation period between the couple of not less than one year. the divorce by mutual consent

How to come to a mutual consent

The husband and wife sit together either with the help of close relatives, lawyers or in mediation. They first decide custody and visitation rights of children and their custody normally custody of children goes and decided mutually in favor of wife and husband do get visitation rights if this is decided then they proceed ahead with issues related to maintenance and alimony to wife. Normally husband agree on lump sum and one time  payment of fixed amount in favor of wife and wife on the other hand will not demand any maintenance or alimony in future. only when all the above issues are resolved the mutual consent divorce is possible.

[caption id="" align="alignnone" widdth="749"]Image result for mutual consent divorceMutual consent Divorce[/caption]

2. Preparation of Mutual consent divorce agreement

After oral discussion its now time to get it on paper here at this stage mutual consent agreement is prepared and which is a detailed documents of whatever has been agreed between the couples they are bound by it. the mutual consent agreement has to be notarized and signed in front of notary public.

3.  List of documents for mutual consent Divorce

  1. Petition of mutual consent divorce both motions along with waiver of 6 months cooling off application in case you wish to waive off 6 months waiting period between two motions. if other spouse is in other country then power of attorney of other spouse.
  2. 4-5 recent photographs to be pasted on petition and agreement.
  3. Proof of marriage which includes either Marriage card with marriage photographs or marriage registration certificate with marriage photographs.
  4.  Id card with address proof

Note: you must carry originals at time of court hearing.

4. Court Hearings

At the time of court hearing you must reach on time and all originals must be carried by you at the time of hearing. Once your matter name is called you must be ready to answer questions put up be judge.

  1. Common questions like date of marriage and separation?
  2. custody of children?
  3. Consent is without any coercion or undue influence?

After basic questions the couple move ahead for verification of original document and hearing is concluded once they sigh on their respective statements.

Conclusion of Mutual consent divorce Proceedings

After the conclusion of both first and second motion court hearings the court will prepare a decree of divorce which is a formal document of divorce and officially couples are separated by decree of divorce and process is concluded.

By Adv. Nitish Banka

 
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