Conversion of contested divorce to mutual consent

MUTUAL CONSENT DIVORCE PROS & CONS

If your daughter's husband has no objection, both of them can settle for mutual consent divorce. The whole problem will arise if, at last minute, he backs out of MCD proceedings/revokes his desire to have mutual consent divorce. In that case, your daughter will have no other option, but to file a fresh petition for divorce. MCD is an unwise step, unless both your daughter & her husband have made up their minds firmly that they wish to terminate their marriage this way. The court won't reconsider the matter, should your daughter's husband suddenly revoke his MCD wish.

EX PARTE DIVORCE PROS AND CONS

If your daughter chooses to go in for ex parte divorce, any decree granted by the same would be presumed to be final & binding on your daughter and her husband, unless he appears & satisfies the court as to reason for his non-appearance. In appeal, the only advantage is that her husband would have to justify why he was absent from court on the hearing date.

For any further queries, please feel free to contact me at: basu_kunal@hotmail.com. I would be more than delighted to help you & your child out.

Regards

Advocate Kaybee

MUTUAL CONSENT DIVORCE PROS & CONS

If your daughter's husband has no objection, both of them can settle for mutual consent divorce. The whole problem will arise if, at last minute, he backs out of MCD proceedings/revokes his desire to have mutual consent divorce. In that case, your daughter will have no other option, but to file a fresh petition for divorce. MCD is an unwise step, unless both your daughter & her husband have made up their minds firmly that they wish to terminate their marriage this way. The court won't reconsider the matter, should your daughter's husband suddenly revoke his MCD wish.

EX PARTE DIVORCE PROS AND CONS

If your daughter chooses to go in for ex parte divorce, any decree granted by the same would be presumed to be final & binding on your daughter and her husband, unless he appears & satisfies the court as to reason for his non-appearance. In appeal, the only advantage is that her husband would have to justify why he was absent from court on the hearing date.

For any further queries, please feel free to contact me at: basu_kunal@hotmail.com. I would be more than delighted to help you & your child out.

Regards

Advocate Kaybee

Conversion of contested divorce to mutual consent.

You mean conversion of contested divorce petition to mutual consent divorce petition?

A Divorce can't be converted.     Nor will there be any use.      So also the Petition.

Ex parte has, however, crept in in the text of the query.

Originally posted by : Raj
	Greetings, After nearly one year of My Daughter's divorce case filing our lawyer requested for exparte closure in the next hearing as her husband's advocate did not show up on a few ocassions and he was asking for next date always. The judge agreed the exparte closure in the next hearing which would be final, unless the husband appears with his advocate. Siting this her husband now approached our lawyer to agree on mutual consent divorce. Our lawyer is advising to go for mutual consent divorce. Is he right? My doubt is if it is exparte then the divorce will be granted in the next hearing itself. Then what is point for us to agree for mutual consent, it would be six more months of torture for my child and her husband may simply withdraw the mutual consent case and we may have to file a fresh contest. Can we disagree on mutual consent? Please advice.

Your lawyer is right.  It is better to go for Mutual Consent Divorce or convert the Divorce Petition into a Mutual consent Petition if allowed by court rather than ex-parte Divorce which is like a sword hanging over the head as anytime anyone can approach the Court to have the ex-parte order set aside. 

Adv Radhika Mehta

Madam

What's the benefit of converting a contested divorce petition into a Mutual Consent Divorce Petition?     If the party nods, divorce is given under contested divorce petition too.  

Kindly explain.

Originally posted by : TGK REDDI
	Adv Radhika Mehta Madam What's the benefit of converting a contested divorce petition into a Mutual Consent Divorce Petition?     If the party nods, divorce is given under contested divorce petition too.   Kindly explain.

You have a point Mr Reddi. But to give that consent in contested divorce if party takes 20 years then what is the use of such consent? Hence Mutual divorce is best option if marriage is 1 year older. Same day divorce can be granted.

If a party takes 20 years for giving consent, how can the party become ready for mutual consent in one day?

Originally posted by : TGK REDDI
	If a party takes 20 years for giving consent, how can the party become ready for mutual consent in one day?

In our time we used to tell green notes. Now I should tell pink notes will do the wonder.

@raj if your daughter's husband's lawyer could not attend court on the CC hearing date, the least he could have done was to have transferred his brief to another counsel & authorized him to appear on his behalf. What he (lawyer) has done is wholly unprofessional & unbecoming of him.

Of course, you can ask for an ex parte decree. There is nothing barring you from seeking it from court. Just remember that although final; this decree may be appealled against by OP's lawyer showing that unforseeable circumstances existed preventing him from appearing in court ont the hearing date.

As to your other query, you can mention whatever you want to; even what you stated. Please only ensure that it is signed by both of you, as whatever contents are there in the agreement will be construed by court as final & binding on all ignatorie.In the event one of you choose to challenge it, that person will have to prove that his/her consent was obtained by duress.

If there is anything further I may be able to help you with, please don't hesitate to contact me at: basu_kunal@hotmail.com. I will be more than happy to advise/assist you or your daughter out.

Warm regards

Advocate Kaybee

Originally posted by : TGK REDDI
	Adv Radhika Mehta Madam What's the benefit of converting a contested divorce petition into a Mutual Consent Divorce Petition?     If the party nods, divorce is given under contested divorce petition too.   Kindly explain.

I am not sure i get your point. What i meant to say was a party doesn't have to file fresh MCD petition, it can convert/ amend the contested matter into an MCD and if the matter is pending for beyond 6 months, then there shall be no cooling off period. Why unneccessarily prolong the suffering and misery of any person if a quicker alternative is available?