Contested to mutual consent
Arjav Mehta
(Querist) 04 March 2019
This query is : Resolved
My Friend have submitted HMP 13 (Contested Divorce) and husband is not attending court but just now husband is ready for MCD and he told that whatever the documents is there you will be prepare and I will come and sign it.
Dear Expert, I want to know that is it possible to Contested Divorce is transfer as MCD?
After Customary divorce shall we affidavit the same copy in contested divorce and took the MCD in next hearing
Vijay Raj Mahajan
(Expert) 04 March 2019
Both petitions for divorce u/s 13 HMA the regular divorce on given ground and u/s 13 b HMA for divorce by mutual consent are separate and separate file prepared for both.
The one being pending in the Family Court has to be withdrawn by the petitioner and after that fresh joint petition signed by both husband and wife will be presented.
The whole process require presence of both parties two times to finalize it in divorce by mutual consent so the husband should appear in the court do all signatures be there and after all that divorce get finalize.
There is no such thing as changing regular divorce petition to petition for divorce by mutual consent.
Dr J C Vashista
(Expert) 06 March 2019
It would be appropriate and advised to consult your "friend's" lawyer engaged by her, who is well versed with facts and circumstances of the case, an able, competent and intelligent enough to guide and proceed as required.
Dr J C Vashista
(Expert) 06 March 2019
What is your locus standie to the case ?
How you are so interested in the affairs of your "friend" ?
