finally, wife signed to convert to what?

Hello everybody,


My story in brief:

My wife filed divroce petition with cruelty as the ground on 11.11.2011.I denied all the allegations as they are straightforwardly false and baseless but as I too want divorce I stated in the response petition that I had no objection to divorce.They at first wanted MCD but strangely filed this petition.I tried to contact them through my lawyer and they wanted to covert the case to MCD but when the joint petition was prepared and signed by me she did not sign readily.Finally, after much deliberation she signed the petititon.The court authorities told that as the hearing had already started it can only be filed on any 'on day' and both parties are to be present in the court room.The next hearing day is on 30.03.2012.


My questions to the experts are:

  1. Will the divorce case be converted to MCD on the next hearing day?Please note that 6months have not passed from the date of filing the divorce case.
  2. Will it get dismissed as saying that the petition was filed as 'constructive collussion with the respondent'?Some ld. member of this forum mentioned this and as a layman I need some more light on this.
  3. If it gets converted to MCD how long will it take for the decree to be passed?My lawyer says it may be 6months from the date of filing the divorce case i.e. 11.11.2011 or from the date of conversion.It depends on the judge.


I had the opportunity of getting thoughtful and worthy suggestions and replies in this hard time and hope for the same.


Thanks in advance,




No reply!


Are my queries repeated?






Thanks for your reply.


I hope for the best and prepare for the worst.That's why I am asking these questions in this forum.


Let's suppose for a moment she sticks to what she signed for that is the joint petition that she wanted to convert her divorce petition to mutual divorce.


Now see the questions in the light of it and please reply.




Hello Bro!

If u go in depth, there is no conversion as u call it.

In the eyes of law MCD is a new case, it will take minimum 6 months when u apply as joint-applicants. It has nothing 2 do with the time u have spent in contested divorce proceedings......................u can say, MCD is altogather new game to be started on a fresh date




Thanks for your reply.


So you mean the old case will be dismissed and the new divorce proceeding on mutual ground will start.Pardon me saying this but I have read in the forums that if both parties of an ongoing divorce case consented for mutual divorce then it can be granted 6months from the date of filing the earlier contested divorce case.My lawyer also says the same.Anyone,please correct me.


Is there any fear of the situation mentioned in Q no.2?



Legal Evangelist - TRIPAKSHA

Rightly said, the first case has to be withdrawn and a fresh petition for MCD has to be filed.


It would still take six months to get divorce.


Shonee Kapoor

Total likes : 1 times


Better wait for 2 months and convert the divorce to MCD, reffer the case to Lok Adalat with terms and conditions, withdrawing the allegations and counter allegations.  Pay amounts or exchange if any  out of settlement on the day of recording the statement before Lok Adalat. Take further adjornment to May. Follow ur counsel. Good Luck




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