Conversion of divorce case to MCD
Wife W has filed divorce on grounds of cruelty.
Rather than fight it, or ask for RCR, the husband H has also requested divorce as relief, but counterclaimed cruelty on W's part.
I have a few questions in this regard from the learned advocates on these forums:
1. There is a possibility that H and W might agree to MCD instead of drawn out court case. In that situation, are there any advantages/disadvantages of filing a conversion petition, vs withdrawing current case and fresh filing MCD?
2. In Amardeep Singh v Harveen Kaur (civil appeal 11158 OF 2017, arising out of Special Leave Petition (Civil)No. 20184 of 2017) the Supreme Court declared, in judgement dated 12 Sep 2017, that the 6 month cooling off period is "discretionary" and can be waived by family courts. http://sci.gov.in/supremecourt/2017/22782/22782_2017_Judgement_12-Sep-2017.pdf
In order to file a motion of waiving the cooling off period, is it beneficial to file a conversion petition, vs withdrawing current case and fresh filing MCD?
3. What is the process of filing the conversion petition? It would be particularly helpful if you could share the format/template for a conversion petition.
4. Who can file the conversion in this case? W or H? Can the conversion petition be filed through the lawyer(s)? Do both W and H need to be physically present? (W and H live in separate cities, both outside the jurisdiction of the family court where the case has been filed)
5. The original case was filed by W more than 6 months ago. If the family court accepts the conversion petition to change case to MCD, will the 6 months be considered as "cooling off period" already served?
6. Are there any specific judgements that you can share in which family courts have waived the 6 month cooling off period, pursuant to Amardeep Singh v Harveen Kaur (supra)? I have seen a couple of news items, but these don't mention case number or the names of parties, so finding these in databases is extremely hard without any specific information.
Mumbai
https://timesofindia.indiatimes.com/city/mumbai/6-months-cooling-off-period-for-divorce-waived-1st-time-in-mumbai/articleshow/61842049.cms
Indore
https://www.nyoooz.com/news/indore/950987/no-coolingoff-period-couple-gets-divorce-within-month-of-filing-plea/
Asked 8 years ago in Family Law
Religion: Hindu