Nullity to Mutual Consent.

Querist : Anonymous (Querist) 02 June 2011 This query is : Resolved
Dear Sir / Madam:

If the matter is settled between Wife & Husband:

1. Can the Case of Annulment / Nullity be Converted to Mutual Consent?

2. If Yes, How long does it take After filing Mutual Consent for the Court to Decide on Granting of Divorce?

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PALNITKAR V.V. (Expert) 02 June 2011
Yes. Minimum waiting period is six months.

Devajyoti Barman (Expert) 02 June 2011
If the suit for nullity of marriage is filed on the ground of non existence of a valid marriage like fraud, registration at underage etc then the same can not be converted.

You better file a fresh application for mutual divorce for which minimum 6 months is needed.

Arif Iqbal (Expert) 02 June 2011
I agree with Mr Barman

PALNITKAR V.V. (Expert) 02 June 2011
I am unable to understand why it can not be converted to mutual consent. Is a plaintiff prohibited from waiving his plea and adopt a different one by way of amendment?

Guest (Expert) 02 June 2011
most of them did not know the scope of c.p.c along with section 11,12 of H.M.Act.
these being original suit and order 23 of c.p,c. will apply. so compromise petition can be filed and the suit will be decreed in terms of compromise petition. If already the parties separated six months during pendency of proceedings it is very well to settle the matter by compromise decree.

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