Divorce filed by husband and need to convert to mcd ?

1. The initial petition filed for divorce cannot be changed to petition for divorce by mutual consent.

2. The initial divorce petition needs to be withdrawn and subsequently another petition u/s 13-B H.M.A. need to be filed.

3. The six months cooling period is mandatory and the Judge cannot use his discretion to waive such provision of law.

The present petition cannot be converted into one for mutual consent. You have to file a fresh petition. The period cannot be waived.

Both the answers are partially correct and partially wrong. With the existing situation you have the following options. Ask your wife to attend the next hearing you also attend the next hearing. File a memo to judge that you are interested in settling the case amicably and hence need a mediation. While during a mediation jot down all the points for compromise U/S MOU, based on the mediators settlement the case will be transfered to the respective court and you don't have to convert this into MCD and wait 6 months, this will happen in 15 to 30 days depending on how quickly other cases are dropped. @members please only comment if you are well versed with laws.

Hi,

 

I agree with Sandykrish.  I have personal experience on this type of issue.

there is no provision to convert the OP filed for divorce already into a mutual consent one, You have to file a fresh petition under (13B, presuming u r a Hindu) after not pressing the previous one. The period of six months are not generally allowed to dispense with nowadays.. earlier it was possible depending on the practice or discretion of some judicial officers.

 

R.Madhuraj

RMR Law associates

Ernakulam, Kerala

9946030487

Hi Sandykrish/Babu,

                                       Can you tell me how this can be done.whether it holds good for Nullity also?kindly check your pm

Hi need solution,

 

I filed divorce petition U/S 13 (Ia) of H.M.A. in 2002 when she failed to join though RCR decreed in favor of me.

Later one year she came filed counter and after sometime she failed an I.A. stating that she could accept for divorce if an agree to pay her maintanance.  We discussed before the both counsel out of court. Filed a compromise memo with certain terms and conditions. Divorce granted

hope the best for you, friend

BABU

9550584717