Contested divorce to mutual consent divorce

 

Filing divorce for men is absolutely not advisable since Indian law is one sided and biased to women.

 

My first question is whether he will have  to withdraw his divorce petition filed in September 2014 before filing  a joint  mutual consent divorce petition with his wife now in the same court?.

 

 

Divorce is a compoundable and can be withdrawn any time. Please withdraw the first divorce petition on September 2014, However don’t withdraw the joint mutual consent divorce.

 

 

 

My second question is:  what recourse my son is left with  if his wife backs out  from the  mcd petition on the second motion after six months?. . 

 

There is no law in India which can enforce your son to cohabite with his wife against his will.

If MCD fails then look for a good unmarried girl and let your son to have a leave-in-relationship.

Leave-in-relationship is legal in India if and only if the girl is unmarried irrespectively your son’s marital status.

If child born in this relationship then also no problem.

 

Marriage is a crime in India for men.

yes as told by my friend mr rocky smith first you need to withdraw the divorce petition filed and thereafter file a fresh petition for mcd under section 13b.divorce petition cant be converted to mcd.

yes she can do it. make sure that if you are giving one time alimony just mention it in the mou that it will be done during the second motion in the presence of honourable judge.dont agree to give settlement anytime before that

@anononymus : There is no pressure or should I say complusion on you to settle the matter in mediation. If he thinks that things are not wokring out in mediation, he can simply request the mediator to put the matter before Family Court again.

 

In case you do arrive at a settlement, then I'll highly advice you to execute a simple Settlement Deed with the opposite party which will include all the terms of the settlement. Then you'll simply have to withdraw the Divorce Petition pending before the Family Court and file a joint Divorce Petition under section 13-B (1) of the Hindu Marriage Act for Divorce by Mutual Consent.

 

If you execute a Settlement Deed with the opposite party, then it'll be an obligation for them to participate in the 1st motion and the 2nd motion. In case they don't honor the terms of the Settlement Deed, you may even file a Civil Suit for the same.

No answer to anonymous queries

You are not bound to accept any of the single condition which is placed by the mediator, if you are not comfortable with any of his condition then refused to him and asked him to send back your case to the court for further trial, if you too want mcd then withdraw your case and file a separate fresh case in the family court, make your mou on which points and conditions you both are agree for mcd and then proceed for it, for alimony divide it into parts one part on first motion and other on the final of second motion .

When most of the man is bored with one wife and they want divorce, but they are willing to file divorce case. what is reason behind this? They creat presure to their wife for filing a divorce case. 

Rightly adviced by the above experts for further process in the settlement.

Regarding, the trespassing  of SUFFERING WOMAN ( student) what does she actually require from the forum.