Hari 31 December 2016

Co-existence of divorce & mutual petitions in the same court

Hello, I have filed a divorce petition in the family court, as my wife not willing for mutual petition. My petition is under section 13(I)a of HMA, as she had filed false dowry cases against me in multiple courts. I feel I am in advantage position. Now, wife has agreed for mutual divorce. I feel this is just another trap from her side to compelling me to withdraw my petition. Question is, will I have to withdraw my current divorce petition with FC, if we file a mutual petition with the same court? Kindly advise....Thank you!

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4 Replies

Sachin (N.A) 31 December 2016

File a join application in the case requesting the court to convert present petition to Mutual divorce petition.

Hari 31 December 2016

Thank you....I don't want to withdraw my petition...nor want to convert it to mutual. Question is, can I have my petition active and live, with a mutual divorce petition also filed in the same court??? Legally, us it possible?? I will withdraw my petition, only if I get a positive judgement on the mutual petition.....I don't want to dilute my position..Hope it is clear..Thank you!