• What if the person filed for divorce do not agree for mutual consent in Supreme Court?

Hi,

My son-in-law had filed for divorse case several years back and the case is now with supreme court.

All these days my daughter was unable to take a decision on her divorse and now she is thinking if she can agree for divorse.
But my son-in-law is not accepting for mutual consent. 

Can we tell to the supremem court judge that we are ready for giving divorce but they are not accepting? will the judge then order my son-in-law to apply for mutual consent?

Please advise what can be done here.

Thanks in advance.
Asked 3 years ago in Family Law
Religion: Hindu

2 answers received in 10 minutes.

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10 Answers

Your daughter can inform the SC that she is willing for dissolution of marriage by mutual consent

2) court will not direct son in-law to apply for divorce by mutual consent

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

Yes, you may propose before the Court that you too are ready for divorce. The Court may refer the matter to the Mediation Centre which will try to settle the dispute by helping the parties reach a consensus .

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Sir in court it may be agreed that wife is ready for the mutual divorce based on same the court can pass an order but cannot bound him for mutual divorce.or if there are merits in the contested divorce of husband there at SC and wife agrees for divorce SC can directly pass for an divorce order.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hi

Since your son in law had filed for divorce and your daughter has also consented for divorce now, you can ask supreme court to refer the matter to supreme court mediation and arbitration centre for drafting the terms of compromise. Once compromise is reached, probably your son in law will consent for mutual consent divorce.

If there are no counter claims from both sides, then supreme court can also grant divorce on grounds of

irretrievable break down of marriage also

Rajgopalan Sripathi
Advocate, Hyderabad
2169 Answers
394 Consultations

5.0 on 5.0

On which grounds your son in law filed divorce.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

Hello,

Who has approached the SC and against which order. Kindly tell the facts in detail.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Dear Client,

Husband want divorce on specific ground, main prayer is divorce, granted on whatever ground.

She can offer before the SC, that she is willing to end this tie but not on given ground but by mutual consent.

Than court itself will pass order of dissolution of marriage on MCD, as courts are not incline to pass order to satisfy vindictive approach of parties but to end litigation in the interest of justice.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

How the matter traversed from family court to SC?

Did you pose this question to your lawyer? If so, what is his response?

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

Yes, your daughter may very well inform the court that she is prepared for a divorce by mutual consent. However, if your son-in-law does not agree to it, the court may not compel him.

Swaminathan Neelakantan
Advocate, Coimbatore
1920 Answers
20 Consultations

4.9 on 5.0

Can we tell to the supremem court judge that we are ready for giving divorce but they are not accepting? will the judge then order my son-in-law to apply for mutual consent?

This is an appeal before supreme court, she cannot express such things at this stage.
Moreover supreme court cannot ask or force your son in law to accept the mutual consent divorce.
If there is a mediation held, the mediators can advise but cannot force him
Alternately you may wait for the outcome of the appeal before supreme court

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

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