Hi, a second petition of 13 B can be filed again, even if the first one got quashed ...The second party has to appear for recording of statement on 1st and 2nd motion

Hello,

The wife will have to appeara.

The case that has been dismissed can not be recalled.

The present case will be transferred to lok adalat and will be settled on the basis of compromise.

Regards

Hi, the Supreme Court has waived off the cooling period of 6 months ... The mutual divorce can be given within 30 days

if your wife appears then application can be made to convert exiting petition into divorce by mutual consent

2) presence of spouse is must

3) if she is unable to appear in court personally she can execute POA in favour of her family member to appear on her behalf

make application for conversion of exiting petition for divorce into divorce by mutual consent

2) affidavit in support of application and consent terms have to be filed

The quickest way to get a divorce is through mutual consent, under Section 13 B of the Hindu Marriage Act, 1955. It is the best way to avoid a long battle in litigation.

1. You can file as many cases as you want as long it is permissible by law.The requirement is when a petition under section 13B is pending no other matrimonial suit seeking similar relief is pending.

2. The court now at its discretion can waive the period of six months.

3. Any of the couple can at any point of change his/her mind before the final motion and nothing could be done to stop this.

wife can execute POA in favour of her relative . it should be filed in court

2) you have to make application signed by both the parties

3) your lawyer would do the needful

Check with the practice of your local court. In WB existing contested divorce suit can not be converted into mutual divorce petition.

Dear Sir,

From the wordings it appears that you have failed in getting mutual divorce. however you can get exparte divorce if she did not appear before the court. Until it is a set aside legally it is treated as valid legal divorce. Make use of the same.

1. File the divorce suit against her on the ground of cruelty first and serve notice upon herself

2. Thereafter, negotiate with her and jointly file an application praying for converting bthe divorce suit to MCd petition with the leave to reconvert it to the original divorce suit in case she refuses to appear before the Court on the date of the 2nd motion.

3. Talk to your Advocate accordingly.

1. File the divorce suit and then jointly file the application for converting it to MCD petition as advised in my earlier post.

2. Negotiate with your Advocate accordingly since the above step will solve your stated problem.

1. You shall have to first file the divorce suit and then jointly file the petition for converting it to MCD petition as suggested in my earlier post.

2. If your wife does not want to appear before the Judge on the day of the 2nd motion then MCD will not be decreed to you and the case will be reconverted to divorce suit as explained in my earlier post.

If she is not attending the court even after receiving the summons in the contested divorce cae then the court may set her exparte and an exparte divorce may be granted.

You file a contested divorce case once again and follow it up properly so that you will not miss the relief this time.

If we again file fresh case under 13 B then again we have to wait for 6 months time.there is once again chance of mind change as already happened with me in last case.kindly suggest what should I do for early disposal of care.

If she agrees for mutual consent divorce this time, then you file it and after a week you both can file a joint affidvit seeking waiver of 6 months cooling period and grant divorce immediately, there is a latest supreme court judgment to waive the 6 months waiting period.

How can may existing case can be converted into mutual consent case.what is the procedure? If my wife don't want to appear then how can she appoint someone on her behalf.plzz explain sir.

The courts do not agree for that hence you may have to withdraw the existing case and the file a fresh case for mutual consent divorce.

hello

you filed an MCD but it didn't materialize. now ex parte divorce can happen but you have again convinced your spouse so you can again file an MCD petition u/s 13B. yes, you have to wait for 6 months again. your wife has to appear so as to convince the judge that she is taking the MCD without any pressure and she will abide by the terms of the agreement.

regards

Get the present pending case to the Lok Adalat and get the divorce on the mutual consent

as advised above, consult a local lawyer and get the same transferred to the Lok Adalat