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Ravi (a)     16 February 2021

Current divorce and mcd

dear all,

i filed divorce last year and due to covid-19, it keeps adjourning. it is still at notice stage to the opposite party. meanwhile, my wife called us for settlement. please provide your inputs to the below queries.

1. if we arrive at mutual agreement for divorce, is the current divorce possible for conversion to MCD?

2. if ans for #1 is yes, in how many days i will get divorce?

3. if ans for #1 is no, what steps to be taken?

 

thank you in advance. please guide me sir..



Learning

 3 Replies

Nandini Warrier   16 February 2021

Good evening,

A divorce petition filed under Section 13 A of the Hindu Marriage Act can be converted into a mutual consent divorce which is under Section 13 B of the same act. Some courts have the power of such conversions. You'll just have to produce a joint application or memo mentioning the settlement between the two of you to change the petition to a mutual consent divorce. Usually in a normal mutual consent divorce case, the divorce is granted after six months of application, but you can also produce a memo in the court to waive off the cooling period, if you've lived separately for more than 6 months already. 

You can also withdraw the first divorce petition and apply for a fresh mutual consent divorce. In such a case, as mentioned above, the divorce will be granted after six months of cooling period.

Please do consult a local lawyer of this field to learn more about this.

Read more at: https://www.lawyersclubindia.com/experts/procedure-for-converting-divorce-petition-into-mutual-divorce--274191.asp

Hope this helps!

Regards,

Nandini

Ravi (a)     16 February 2021

Thank you ji. If i withdraw the first divorce and i file MCD, what happens if the wife misses the appearance in MCD and mcd is rejected. Will i get an option to reopen the first divorce? Kindly enlighten me.

Adv. Morzaria (Advocate )     17 February 2021

Once mcd is agreed upon
kindly share copy of Final consent Terms entered by both parties

For Further Legal Clarity

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