rockytalwar (self business) 16 April 2016

Mutual consent divorce in highcourt

Hi,

I have 498a case on me. I and wife got compromised and going to apply for quash in High court under compromise.

I and my spouse want to apply mutual consent divorce and dissolve the marriage now.

Instead of applying the petition in lower family court, i want to apply the petition in High court.

I believe filing in HC would be better as in case opp party wants to create litigation in future, i would be safe as next level is only supreme court.

Is it possible to apply the Mutual consent divorce petition in high court directly?

Thanks,

Rocky

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3 Replies

SURYANAR (ADVOCATE) 17 April 2016

Yes. possible in Family court or district court .but not in high court

S K KARNjhc (Legal Adviser) 21 April 2016

I do agree with SURYANAR Sir

Kamal Dixit (Lawyer in Thane District Court Mumbai Thane) 21 February 2017

You can file mutual consent divorce in lower court first,Petition file case registered then after 6 month expaird then dissolve decree issued no problem .direct highcourt not allow.