anbu bangalore (aaaa) 05 April 2016

Convert contested divorce to mcd

Hi All,

i have applied for contested divorce.if my wife side comes for compromise and asked to convert the contested to MCD and the same day they are planning to request for divorce since we are separated for 1.5 years.

what is the procedure for above thing and how much its possible to get divorce on the same day since we are separated for 1.5 years.

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3 Replies

saravanan s (legal advisor) 05 April 2016

You cant convert contested to mcd.got to withdraw contested and file a fresh petition fOr mcd.only the apex court can waive the cooling off period

Born Fighter (xxx) 06 April 2016

BOMBAY HIGH COURT

Before :- Smt. Roshan Dalvi, J.
Writ Petition No. 1381 of 2010. D/d. 23.2.2010.

Rakesh Harsukhbhai Parekh - Petitioner

Versus

State of Maharashtra - Respondent

MUMBAI: A recent decision of the Bombay high court will now help speed up divorce for couples who wish to end their bitter legal battle through mutual settlement. The HC has held that the six-month cooling-off period for a couple who file a joint petition for divorce cannot be insisted on by the family court if the couple has already been living separately for a year and their contested divorce plea has been pending in court for over six months.
''Parties who settle their dispute are not required to be penalized for doing so''.

Justice Roshan Dalvi