socially backward (Social worker) 07 February 2022

Mat suit ,need advice.

Dear Members,

In this instant case,a MAT suit was filed 3 years back by wife.The case is at initial hearing stage...now the husband who was reluctant for divorce for long suddenly sending message through her own lawyer that he agrees for mutual divorce now and proposing through lawyer to wife to withdraw her petition and file a fresh joint petition for mutual divorce on the same date.Now,if he truely agrees ,then where is the requirement to withdraw present case if he states that he agrees for divorce to the court?Should such cases be withdrawn unconditionally by the wife without taking permission from the court?Moreover,if she withdraws won't she be barred from filing case in future if mutual divorce ends into nothing?Further ,she has got only verbal assurance on mutual divorce,nothing more ,and that too from lawyer.It seems to her that she is being trapped to withdraw the case and the assurance of mutual divorce is a bait. Please answer these queries and it would be of immense help if anyone suggest her what to do..

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3 Replies

Aryan Raj 08 February 2022

In response to your query,

Because you say that she is not sure if the husband is genuinely willing to divorce mutually therefore you can suggest the lady to convert a contested divorce to a mutual consent divorce, To convert a contentious divorce to a simple mutual divorce, you must change your petitioner from Sec. 13(1) to Sec. 13 (B) and remove all of the unfavorable allegations by changing it to a simple mutual divorce petitioner. Once the amendment is approved, you must update your proof affidavit accordingly. This process does take time but she will be assured that she is getting the divorce whatsoever.

Regards,

Aryan Raj

Kay Bee 10 February 2022

As the case has now turned to a mutual consent divorce matter instead of contested divorce, you may file an application to amend the petition from 13(1) to 13B Hindu Marriage Act & support it with an affidavit