Urgent:contested under cruelty, then converted to separation

hi, can anyone please comment?
thanks.

Mediation totally against the male.

You get yourself  confused.  First divorce petition on the ground of cruelty under Section 13 (1)(i)(a).  Due to mediation, instead of going for contested divorce, you both spouses have opted for mutual consent divorce (MCD) under Section 13 B.  The primary condition to move mutual consent divorce petition is that the contesting spouses have been living separately for the last one year.  If you fulfill this condition and tell the court that due to temparemental differences, then only the court will grant divorce of mutual consent.  Now, you consented for MCD, the judge will record first and second motions with six months gap and grant divorce.  Regarding allegations in the earlier divorce petition, you need not bother about them.  But if any section 125, DV case or Section 498-A cases are pending, the party who filed such cases should withdraw them.  You can put such condition before giving your consent for divorce.

(LAST REPLY)

Excellent post of adv chandrasekhar

sir it is no waiting period now for 6 months also!..thats why i am confused!

Hi, can anyone please confirm which section basis this will be granted - cruelty13 (1)(i)(a) or mutual 13b?

Doubt is because..there was no first/second motion and six month waiting.

S.13 (I)(ia) shall be granted only after taking the evidence from both the parties and court convinces itsself about the petitioner's contentions.  It cannot be granted straight away from the mediation.  Only Section 13 B Mutual Consent can be granted without evidence and without argments and on the basis of the agreement reached between the parties.  For that first motion and second motion are required and six months gap is mandatory between the first motion and second motion. 

Dear Chandrashekar Sir, thank you for the kind clarification.

Nothing automatically gets dissolved if the court has already taken cognizance. In MCD clearly mention this clause that whoever has filed whatsoever petitions before the MCD should get them withdrawn & the certified copy may be submitted to this court before 1st motion.