I (petitioner) have filed contested divorce case which is going on for past 5 years at Tis Hazari, Delhi.
Now, if I go for mutual consent, my main concern is that the respondent may withdraw consent before second motion (which is now enforced to be after 6 months).
Since no two petitions for same cause of action can be present simultaneously, I must withdraw or convert the present petition into mutual consent petition. Is this true? Under what Rule of CPC?
If I convert the present petition into mutual consent, then if she withdraws consent, my present petition is dissolved and I need to file afresh. To avoid this, I have come across these below solutions. Please inform the pros and cons of each and which is best in your opinion / in which case:
1) Adjourn present case sine die and revive it if she withdraws consent.
Con1: Both adjournment and revival are dependent on judge.
Con2: No procedure defined in CPC for such adjournment?
Con3: Is this allowed? Will it count as two petitions on same cause of action.
2) Ask judge for six month later date for present petition and proceed with contested case if she withdraws consent.
Con1: Even more dependent on judge.
Con2: No procedure defined in CPC for such adjournment?
Con3: Is this allowed? Will it count as two petitions on same cause of action.
3) Convert the present petition into mutual consent petition (OR file amendment to this petition?) with the explicit condition that if she withdraws consent, then contested petition will be revived from where it left off.
Con1: Is this possible? Under what CPC rule can one put in such a clause?
Pro1: Perhaps this is not judge dependent if such clause and revival can be done under some CPC rule.
Thanks a lot.
