Balaji 18 September 2018

Divorce by compromise memo

I got married in August 2015 in Chennai Tamilnadu and got seperated within 3 months of marriage. She filed divorce around September 2016 with lot of baseless allegations and invalid jurisdiction. So I filed a Transfer Op and moved the case to Kanchipuram, TamilNadu on June 2018. Currently I filed a counter and both parties willing for divorce and case is in Enquiry stage. My advocate is advising me to file a compromise memo. My question is whether the judge will pass on the decree based on the compromise memo. Case is filed based on Indian Divorce act section 10...( 7 and 10).

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2 Replies

Vijay Raj Mahajan (Advocate) 18 September 2018

Why any memo of compromise, why not withdrawing the present petition of divorce and filling joint petition for divorce under section 10A of the Divorce Act, where both parties living separately for more than 2 years seek dissolution of marriage by mutual consent. The court can be requested for condoning 6 months period of waiting before allowing divorce and the immediate divorce within few days be allowed.