Waiver period for divorce
My wife deserted me on September 2012 due to differences after I year I filled for divorce which she did not appear and in the mean time filled a case for conjugal rights and a weeks time again she filled 498 against me an family also she filed an attachment of my parents property claiming that her father has given me money.
In the mean time I was suppose to get an experts order,she went to the hon Supreme Court and filled a TP for the divorce case to Cochin
The 498 case me and my family got a bail from Kerala high court ,and the case has been referred in our favour by state police.
After which I appealed the apex court for a stay on all cases filled by her and tagged it to heard it together
Now they want to compromise can I convert the Pune divorce petition filed by me to mutual and transfer it to a neutral place for both parties and get the waiver for same.
Asked in Family Law from Pune, Maharashtra
1)existing divorce petition can be converted into divorce by mutual consent
2)consent terms have to be filed in family court .in terms it should be mentioned regarding withdrawal of pending cases .
3)6 months cooling period cannot be waived
4)only SC can waive off cooling period
1. Execute a MOU and then place the consent terms on the board of the court for conversion of petition into mutual divorce.
2. Only time will tell whether or not waiver will be granted or not. You can move the Supreme Court for the waiver if the request is turned down by the court.
3. On the basis of consent terms the case can be given a quite burial.
1. Well many courts does not approve the contested divorce suit to convert in to mutual divorce petition.
2. if this particular allows then you can file a petition for mutual divorce wherein all the terms regarding settlement of disputes including of withdrawal of cases by wife can be mentioned.
3. On the date of final hearing both of you need to be present physically.
4. The criminal case u/s 498A is to be mutually quashed from high court.
Hi, normally pleadings in the divorce petition is entirely different form that of mutual consent some courts are allowed but some courts will not allow for conversion it is better instead of going for mutual consent in divorce petition it self you can tired for mediation and in mediation you must state the terms of the compromise and as per the terms of the compromise you will get the divorce so instead of filling another petition you must tried in the same petition.
1. Waiver of cooling period is hardly allowed by the Apex Court,
2. Otherwise also you can apply for converting the divorce case filed by you to MCD case with the help of the MOU signed by both of you,
3. If conversion is not allowed, you can file an application for MCD to be decided after 6 onths,
4. You can get the 498A case quashed with the help of the MOU signed by both of you wherein she shall have to wrtite that she intends to withdraw all compleint/cases against her husband including the 498A case.
Yes, you can.
file an application u/s 151 of CPC before family Court and pray for waived off the cooling period, the court have ample power to do that.
Advocate, New Delhi