CHIRANJEEB BASAK 26 December 2018

Hindu Marriage Act 1955 of India

My wife lodged a petition for decree of divorce under section 13 of Hindu Marry Act 1955. We are living separately since more then 12 years. However, during reconciliation before judge, we the both become agreed to take divorce by mutual consent under section 13B. Next date of Hearing is 08.01.2018 and purpose is "Issues". My query is whether the petition for contested divorce, which is already lodged by my wife, can be converted to mutual divorce? If yes, what is the next steps both we will follow. And if not, what is the next steps to be followed by my wife as well as by me? Please guide me.

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Sachin (N.A) 26 December 2018

File a joint petition for mutual divorce with settlement deed stating all terms and condition. And Application u/s 151 CPC to wave off cooling.period. ( because as per SC order 6 month cooling period is not mandatory for you.) this will be first motion of divorce.

As you are living seprately from longtime, request the court to give you shortest possible time for second motion

Presence of both the parties in second motion is mandatory.

A single lawyer can represent both of you.

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