Ravi Kumar (Manager) 16 May 2011

Six month waiting is mandatory for mutual consent divorce

Sir,

My divorce case was under process in Dist. court delhi since a long time now we decided to final it by way of mutual consent so i applied to convert it for mutual consent but court adviced to me that i have withdraw 1st my present suit then after we can file a petition for mutual consent .....Now my question are these:-

1. As per given information by some one that second motion is not mandary if our case was alreally filed .which i will withdraw and file for mutual consent.

2. As per my compromise with myw ife i agreed to transfer my 50% property in the name of her . If i transfer it before decree and if she refused to agree for mutual consent in this case she wiil be indipendant owner of said property so if she refused can i cancelled that transfer papers.

Actually i dont have trust on her words she can do this another side i have to transfer all property share documents in the name of her so i just want to know better way.

Needa helpful and sincer advice please

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2 Replies

Tajobsindia (Senior Partner ) 16 May 2011

@ Author

Currently there are two conflicting views straight from Apex Court of the land;

1. Only SC has power to waive off 6 months cooling period

2. Currently in SC a two Bench Lordship have referred this para in question for larger Bench decision on asked question. Hence a really smart Family Law ld. Advocate can do wonders if correctly plead this recent fact.

Coming back to your main aprehension my independent view is that you can put a clause in Agreement / Compromise Deed that said property transfer papers will be relased by Court if Divorcee Decree as per Second Motion statement are committed by joint petitionining wife party.

Never give whole carrot to wife in MCD during first motion. least to least you can place on record all collaterols for relase only after second motion statement and or at the time of passing MCD Decree in proceedings.

To the best of my legal experience I never heard that IInd motion can be waived off if there is already a divorce suit in place and or already withdrawn by either party before a MCD proceedings ! This way the whole of S. 13 B (1) and (2) HMA will go nuts if I am made to believe your third party heard beliefs :-)

Also converting a Divorce suit to now that of MCD is a correct legal procedure / practice and is governed by CPC. By withdrawing and fresh filign MCD the cause of action earlier taken can not be taken in fresh MCD which is a disadvatage and second converting means parties want to take advantage of apathy of years in court already speant during already instituted Divorce proceedings and thus from the divine intervention some sense have prevailed unto them so they want to opt for MCD instead of fighting rest of their youths / time in court for contesting divorce into that of mutual consent agreed upon on certain amicable terms and conditions based Divorce. D HC has no. of such citations where convertion and including compromise deed as part and parcel fo MCD have been interpreted which you refer to for self clarity.