Narayan (Software developer) 18 January 2016

Mutual divorce

After sepration of 15 months with my wife I have filed Divorce case on cruelty in March 2015. after that my wife file DV case against me in April 2015.

Now after 10 month we are both agree on mutual divorce with some alimony.

Now whether we need to file separate divorce case under mutual concern and then need to wait 6 month ? Or the case which I filed already will change to Mutual concern divorce. Please help ?

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3 Replies

Sidharth 18 January 2016

You and your wife need to draft Settlement Deed in which all the terms and conditions will be mentioned. Copy of this settlement deed will be present to all courts where cases are pending including your divorce petition. All the cases will be withdrawn by the petitioner. And separate divorce petition to be filed under section 13b of HMA.

Vijay Raj Mahajan (Advocate) 18 January 2016

You both have to withdraw your individual pending cases in the court, move jointly for new petition for divorce by mutual consent, wait for 6 months as per statutory requirement and after 6 months if the consent for divorce of both of you continues the court will grant your divorce.