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Srini 2009 (asdasdasd)     25 June 2008

Divorce

Hi,

I have filed Divorce against my wife. Now we both got an understanding for mutual divorce. Can it possible to convert it to mutual consent divorce. Or the court can grant divorce based on the compromise memo submitted by both of us which consists terms and conditions of the agreement.

Regards,

Venky



Learning

 9 Replies

Guest (n/a)     25 June 2008

No you have convert your petition for divorce into a petition for dissolution of marraige through Mutual Consent and this will take 6 mts

amit gupta_lawyer (lawyer)     25 June 2008

well u can convert ur divorce petition from earlier to petition under mutual consent by filling an application under order 6 rule 17 and now the ruling has come that u can file the second motion along with first motion with an application of early disposal and second motion is also get passed immidiately after passing of first motion and one should not have to wait for six months for the second motion if the marriage had break down completly and has no scope of reunion

Srini 2009 (asdasdasd)     28 June 2008

That means it can be converted and can get divorce on the same day when we convert.


 


Venky

lexcorp law Offices (Advocates)     01 July 2008

As a matter of fact, not the same day but of course immiditely as on two dates.

arunprakaash.m. (advocate)     02 July 2008

Even after filing divorce petition minimum six months has to be passed for getting divorce under section13B of HMA 1956.

Srini 2009 (asdasdasd)     03 July 2008

Different openions are coming in waiving the waiting period of 6months after converting the normal divorce petition into Mututal consent petition.


Instead of this can we go to lok adalat and pray for mutual divorce, will it be faster than the normal one.


Venky.

Guest (n/a)     27 July 2008

Hi,


         I and my husband have not been getting along well,we have now been married for 5 years ,there were many problems including the fact that he had cheated me by giving me a false date of birth and horoscope.Following an year of marriage, he had demanded money from me to get appointment for a lecturers post.Later my husband had sent a legal notice to me since I did not comply with his demand for money,asking for me to join him in his workplace whereas I was in another state employed permanently.When I did not relent he filed a petition for divorce in July 2006,later during a counselling we had reconciled ,but still working in different places(I have now quit my permanent job and am working in a pvt firm.Now in July 2008,he wants to file ex-parte divorce,to which I have not replied,I would like to know if it is possible a)to file for a mutual consent divorce and b)whether there is any disadvantage in his filing for ex-parte and c)since I am earning more than him ,can he ask  for alimony(at present he is employed and earning)  .


Thanks.


(Guest)

Dear Srini

You can do this. Ift will take not more than 2 dates of proceeding.

1st date he will accept your mutual petition and another date judge will pass the order.

rajiv_lodha (zz)     12 May 2012

As ur story goes, he will easily agree to MCD if u remain true to ur words n be realistic in ur monetary demands. Legally he can ask for maint. if u ppl fight a contested divorce!

Better agree to MCD terms & conditions & start new life after 6 months!

gud luk


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