compermise decree of divorce.

Querist : Anonymous (Querist) 15 June 2011 This query is : Resolved
Wheter divorce petiton be compermise and Whether compermise decree valid.

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Devajyoti Barman (Expert) 15 June 2011
Yes, divorce proceeding may at the option of the parties be converted to compromise petition and the decree of divorce on consent is very much valid.

File petition under order 23 rule 3 OF cpc and section 13B of HMA.

prabhakar singh (Expert) 15 June 2011
Mr.Devajyoti Barman has rightly opined.

M/s. Y-not legal services (Expert) 15 June 2011
Yes. Me too agree with mr.barman

Ravikant Soni (Expert) 15 June 2011
But conditions under section 23 of HMA must be fulfilled.

It's question of facts of particular case.
Suppose a div. case filed taking ground of 'cruelty' or 'intercourse with other than spouse' or similar type of other grounds then how is it possible to compromise in such cases?

A court can pass a decree upon particular ground specified in sec 13. And unless such ground has been proved no decree can be passed. Can parties to the div case compromise admitting existence of such grounds. Is it not self incriminatory.

So in such cases compromise takes place converting pet. of sec 13 into pet. under section 13b.

And court follows the procedure laid down in sec. 23 of HMA.

Jitendar Kumar gupta (Expert) 16 June 2011
Compromise decree can not be passed by the court but the divorce petition has to be converted in mutual consent petition.

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