I am the petitioner in a contested divorce petition under HMA, fighting for many years. Now, there is a chance of settlement via mutual consent divorce (MCD).
What is the safe and legally possible way to ensure that the original petition can be revived in case the respondent withdraws consent before second motion?
We have received differing opinions from different lawyers. So please answer with precedent case reference if possible.
All the below solutions to this issue have some problems:
1) Ask judge to adjourn the contested case sine die. When MCD decree is granted the contested petition will stand withdrawn. ---- But some lawyers have advised us that judges usually do not grant adjournment sine die.
Is there any legal provision for adjournment sine die or is it purely at judge's liberty?
2) Convert the contested petition to MCD. --- Here also, lawyers have advised that it is not easy to revive. Is there any precedent case post 2010 in which a converted petition has been revived? What and how long is the procedure?
3) Conditionally withdraw the contested petition and file fresh petition for MCD. --- Under what section of CPC, can one file for conditional withdrawal? Is there any precedent case where conditionally withdrawn petition was revived? Or even a precedent where conditional withdrawal has been filed?
Is conditional withdrawal also subject to judge's liberty or is there a legal provision (CPC section) for the same?
Thanks,