A Contested divorce petition u/s.13(1)(i a) of Hindu Marriage Act was entered by wife in family district court. Then after two years, both parties had entered an application in family court for granting order to convert the petition from u/s.13(1)(i a) of H.M. Act to u/s.13B of H.M. Act. Both the parties also presented a petition for mutual consent divorce u/s. 13B of H.M. Act in family court.
Then, Family court had granted the conversion of petition from Sec.13(1)(i a) to Sec.13B of H.M. Act and recorded the petition of mutual consent divorce u/s.13B of H.M. Act.
Then after, husband has withdrawn his consent of divorce from the converted petition of MCD u/s.13B of H.M. Act and Family court has allowed the withdrawal of consent of husband from the converted petition of M.C.D. u/s.13B of H.M. Act and disposed of the converted petition for M.C.D. u/s.13B of H.M. Act.
The converted petition for mutual consent divorce u/s.13B of H.M. Act has disposed now.
Que-1: what should be the current position/status of that original petition u/s.13 (1)(i a) of H.M. Act now?
Que-2: Can wife continue procedure on that old original petition u/s.13(1)(ia) of H.M. Act now after disposal of the converted petition for M.C.D. u/s.13B of H.M. Act OR She has to present a new divorce petition u/s.13 of H.M. Act in family court?
