Conversion to Mutual Consent Divorce
Knowledge Gainer
(Querist) 28 July 2011
This query is : Resolved
Wife filed case for divorce on 10.08.2010. Now she has come for settlement without any maintenance and alimony. The petition will be converted into Mutual Consent Divorce.
I would like to know that suppose on next date i.e. on 18.08.2011 we get converted present divorce petition into Mutual consent divorce petition, we will get divorce immediately or six month waiting period will be there? Because case is almost running for a year.
Snehal
(Expert) 30 July 2011
Already period for waiting 6 months will be counted by the filing date of original petition. Means from 10.8.2010. Hence there is lapse of more than sex month period as required for 13 B, i.e. mutual consent divorce petition. But u have to apply specific application signed by both of u to remove 6 months waiting period.
Various case laws are there in which court allowed such 13 b petition on same day & decree of divorce passed on same day.
