Anoop John (Private) 02 December 2019

How to convert pending appeal in High court into Mutual divorce

The divorce petition filed by wife got dismissed after trial in family court. Then she filed appeal in high court against family court decree. Now, after five years, she has agreed for mutual divorce.
In this context, I want to ensure that she/both parties can not withdraw consent once the mutual divorce petition is filed.
I have read some where in this forum that if any condition is included in MCD, parties can't step back later.
so, please suggest the best option to achieve this goal.

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7 Replies

Ashish dube 03 December 2019

No ,its not as u mentioned. Mutual divorce petition can be withdraw any time before order by any of the party. step in MCD only if u are sure that your wife is ready to take divorce mutually.

G.L.N. Prasad (Retired employee.) 03 December 2019

Both spouses can file petition before High Court Legal Services authority for compromise

Anoop John (Private) 03 December 2019

Hi prasad, can you please tell me in detail how to convert appeal into divorce through legal services authority.

P. Venu (Advocate) 03 December 2019

It is not question of conversion. If both the parties agree, the Court can refer to LSA for settlement or for mediation. An award made by the LSA would be binding on both the parties.

Anoop John (Private) 03 December 2019

sir, little bit more clarification needed. Can legal services authority grant divorce during settlement, without going through Mutual divorce proceedings, if both parties agree?

Dr J C Vashista (Advocate) 04 December 2019

LSA has no power to decide the case and pass a decree of MCD.

LSA can bring both parties to draw a settlement deed and put up before concerned Court for further orders/ judgment/ decree on the basis of settlement.

However, proceed as advised by the lawyer engaged by you, who is well aware about the facts and circumstances of the case, an able, competent and intelligent enough to guide.

If you have lost faith in your lawyer change him/her immediately.