Procedure for converting divorce petition into mutual divorce?
Guest
(Querist) 29 January 2012
This query is : Resolved
What is the actual procedure for converting divorce petition into mutual divorce petition? Somewhere I've read that there is no way to covert divorce petition into mutual petition directly, and the actual practice consists of closing the divorce petition on compromising terms first, and then file for mutual divorce afresh. So, both parties can not use the previous notices sent by opposite parties as a ground/base of a fresh divorce petition if mutual divorce fails due to withdrawal of consent. is it right?
Advocate. Arunagiri
(Expert) 29 January 2012
While the divorce petition is pending, Both the parties can file a memo for a mutual divorce, based on this memo, the court will record the memo and will order for divorce.
You want divorce at any cost means, why do you bother about the sections.
Devajyoti Barman
(Expert) 29 January 2012
Nothing much.Only a mutual divorce petition u/s 13B of HMA or u/s 28 of SMA needs to be filed with another application u/s 151 CPC is filed for conversion of the proceeding.
Shonee Kapoor
(Expert) 29 January 2012
Now in Delhi and many states, the previous petition has to be withdrawn and a new one needs to be filed u/s 13B.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Guest
(Querist) 30 January 2012
Thanks experts,
If the opposite party withdraws consent later, can I use the allegations in previous notice sent by them as the base/ground of mental cruelty in my new divorce petition? At present they have filed for divorce...in case of failure of mutual petition i want to file divorce showing the allegation in her previous notice as a ground for mental cruelty towards me...is it possible?
