NO, fresh mutual will file.

Fresh is only option.

Cool of period shall be waive by court acting on its discretion.

You can execute leave and license agreement. Definitely she will not vacate the house just like that. Either will do negotiation or have to obtain court order for eviction.

She is asking for a lump sum as child maintenance and does not want alimony. Should I add a line that she declares she does not want alimony?- This clause is not binding, she can claim alimony for herself and her undertaking is not binding on child. Child can also demand maintenance. 

both  can jointly make application for conversion of contested divorce petition into divorce by mutual consent 

2) enclose consent terms 

3) affidavit of both parties 

4) no need to file new petition 

5) cooling period can be waived off

6) wife will not vacate your house after 30 months 

7) it should be mentioned that x amount is paid in full and final settlement 

1. Contested divorce suit can not be covered into mutual divorce suit.

2. NA

3. NA. You will have to withdraw the suit and file a fresh MCD petition.

4. First file MCD and then withdraw the cases filed by respective parties.

5. No problem.

6. Yes

7. You can stay at the same house.

8.  Yes

9. Wife has no share in house of husband but she has right of residence therein. So practically she can seek restraint order under PWDV Act and do not leave the house till her lifetime unless she remarries.

10. Yes , mention all the terms clearly. 

My answers;

1) Yes your current divorce petition can be changed to Mutual Consent Petition,

2) Advancement or preponement of the petition must be done by the Petitioner only with the presence of his/her advocate and a copy of the advancement application must be served on the respondent or his/her advocate. 

3) An application seeking amendment must be made by the Petitioner and the respondent must give their No objection on the very same day. The terms and conditions must be stated only after the permission to amend is granted by the court.

4) Filing a fresh mutual consent is advised if both parties have been staying separately for more than 2 years, also after filing the fresh MCD petition, the other cases must be withdrawn. Conversion is faster.

5) You qualify for filing a MCD or conversion as stated above.

6) A separate application waiver of the mandatory waiting period must be made by the petitioners after conversion or filing of fresh MCD petition, the court will consider the facts and grant leave to proceed.

7) Not required for the reasons stated above.

8) No cost agreement is not required as this is one of the conditions of the MCD petition and she will sign and give her consent.

9) The Memorandum of Understanding to be drawn up specifying the terms and conditions of MCD must clearly state, default clause as well, Hence preparation of this MOU is very important and crucial.

10) Yes it can be added.

Any other point you wish to add discuss it with any of the panel advocates and move forward

1. Yes

2. Anyone can do that or a joint application can  be given

4.file a joint consent terms ans on that basis go for quashing in high court for withdrawal of non bailable criminal cases. 

6.. You can request to waive off the cooling period to court. 

7. No

8. You can  decide the same in your consent terms. 

9. She cant include the same in consent terms. 

10.All the said clauses has to be mutually decided. 

Please sign a Settlement Deed with her in the Court Mediation or before the Judge . The MOU must contain the terms that both the parties agree and will remain bound to. That there should be clause that the parties shall proceed towards dissolution of marriage through Mutual Consent under Section 13 B of the Hindu Marriage Act . That neither party shall be able to raise any claim against each other in future.

On the basis of the MOU apply before the Court. The court has the power to dispose of the Divorce petition on taking the statement under oath.

Thereafter both the parties shall file fresh Divorce petition for Divorce on the basis of mutual consent. For more information, please consult me thru this website.

Dear Sir,

My answers are as follows:

1. Can the contested divorce petition be changed to mutual consent?

Ans: yes, it can be if both the parties agrees court may allow it.

1. If yes, how is the request for advancement of the date done? Who will request, petitioner/respondent or both?

Ans: One of the party must file amendment application under order 6 rule 17 of CPC and other party must say no objection.

1. How do we apply for changing contested to mutual consent? Is it some sort of joint motion with separate or joint affidavits? Can we clearly mention all the agreed terms here including withdrawal of other cases?

Ans: As above.

1. She is asking for withdrawal of other cases first and then filing new mutual consent petition saying this would be faster. I refused as this puts me at risk. Which is practically faster – conversion or fresh?

Ans: Yes, you are correct.

1. We have been living in the same house till 3 months ago, but there has been no co-habitation for 2 years despite our living under the same roof.

Ans: Yes, you can take this contention or file an application for waiving of cooling period of six months.

1. Is there still a mandatory cool off period of 6 months or is at the discretion of the judge?

Ans: At the discretion of the Judge.

1. Will there be any requirement of having to stay separately for 1 year or can we declare our no co-habitation to show that we have been separate even if under one roof? This is also declared in my earlier petition.

Ans: Your individual affidavits are sufficient.

1. One of the terms we have agreed is that I have to temporarily vacate and she will stay in my house for 30 months at no cost to her. Can I enter into a no-cost rent agreement with her?

Ans: Yes, you can do that.

1. Any chance she refuses to vacate or claims the house after 30 months?

Ans: it will be violative of decree which may be passed.

1. She is asking for a lump sum as child maintenance and does not want alimony. Should I add a line that she declares she does not want alimony?

Ans: Yes, all terms must be clear to avoid future complications.

1. Yes, it can. 

2. The Petitioner will have to take the matter on board and then a joint Application for conversion can be filed. 

3. Yes you HAVE to mention all the terms on which you have agreed to settle your dispute.  These terms should form a part of your final Decree too. Process differs from Court to Court and a local lawyer can guide you on that aspect. 

4. Better to convert or keep the old cases pending till the date on which MCD is allowed. 

5 & 7. That is ok.  No cohabitation is also considered as living separately. 

6. Discretion of the judge and facts of the case. 

8. Not required.  Just ensure terms are drafted properly. 

9. That cannot be answered.  Nevertheless should such a situation arise, you can move the court seeking execution. 

10. Yes, it is required to be added. 

Hi, 

The contested divorce petition can be changed in mutual consent divorce petition. For this, you are required to file mutual consent divorce petition in the court along with an application to withdraw/convert the previous petition in to mutual consent one. The petition will be filed jointly by both the parties along with MOU/compromise deed. It is better to file petition for first motion and then withdraw the cases before second motion. Do mention the same in MOU. It is informed that for Mutual consent divorce petition, the separation of one year is mandatory and then cooling off period of 6 months is necessary. 

1) Anyone of you can request for MCD to judge and keep a side current on going.

2) once your MOU of MCD is signed by both of you on your points than judge sign on it and pass the order with current ongoing case.

3) don't go for lumpsum money as after 18 years of age maintenance is stop to sons. So you can calculate the amount plus she is not entitled on adultery ground alimony.

1. Yes

2. Both the parties 

3. Joint motion with an affidavit 

4. First file mutual consent then withdraw cases and then on second motion get the divorce 

6. Mandatory cool off period is there but the same can be waived off by filing an application 

7. You can make such declaration mutually 

8. Yes you can

9. Yes she can

10. Yes you may add that line

regards

1. Most of the courts do not allow the conversion of regular divorce case to mutual consent divorce case, if so, you may have to withdraw the contested divorce case and file a MCD case afresh.

2. In that case the petitioner has to file an advance hearing application and the other side has to be notified about this by giving a notice and taking no objection to it.

3. There is no format for that except your advocate has to file a memo in that regard.

4. Conversion of the existing case to MCD may not be possible, the court may refuse to do so hence you may better withdraw the existing case with leave to file a fresh case at a later date which will be  a safer situation to you in case the MCD case fails at the last moment.

5. Living separately even under the same roof can be called as a separation.

6. The cooling off period can be waived by filing a joint affidavit by both after the case is taken on file.

7. The pleadings stating that you have been living separately for more than a year will be sufficient.

8. This is an agreement between you, how can you expect any opinion on this from a distant advocate for this question.

9. It depends on the conditions made in the agreement,.

10.You may mention the she will not demand any maintenance in future as per the agreement and the one time lump sum settlement.

There is no need to file a separate mutual divorce petition. Court will convert the existing petition to mutual consent divorce petition. 

It is done under Order 23 / Rule 3 R/w S. 151 CPC and is to be allowed by concerned Court first then only one can enter into compromise to follow-up with MCD. 

contested divorce can be converted into MCD, but a little lengthy  and cumbersome process. Withdrawing the petition and filing the MCD can be done on the same day

Too many questions at one go. It is advisable to talk it out.

And conversation of your contested to mutual is the fastest (given your situation). It will be done by referring your present case to mediation and finalised there through MoU.

Since an MoU exists, no separate agreement is required. She will have to vacate the place after 30 months.

Also rest of the condition to be mentioned in MoU will be taken care by the mediator. It is advisable to however have it reviewed by your advocate. Note: Usually you will not have time to review it by taking home etc.

But having a separate agreement for the house may be better as she may damage or sublet or whatever.

1. Yes contested divorce can be converted to mutual divorce.
2. Either of your lawyer can file application for conversion of divorce petition in presence of both parties in next date of hearing. 
3. You both have to make joint statement on next date on which all the agreed terms are noted and signed by both of you. 
4. Conversion will be faster as you have to wait for 6 month after filing of mutual divorce 
5. The cool of period of mutual divorce is 6 months but on application judge can wave off the cool off period which depends on discretion of court. 
6. Yes there is no problem in no cost rent agreements of 30 months 
7. If she refuse to vacate the house after agreed term you can file execution petition to vacate the house. 
8. Your wife cant giveup her child maintenance even if she takes lumpsum money for child maintenance as she has no right to give up maintenance of your children so you can give her alimony and maintenance to your children regularly 

1) there should not be more than 2 sessions of mediation 

2) gap woukd not be more than 15 days or so 

3) you are at liberty to convert existing petition of divorce into divorce by mutual consent 

4) if you file fresh petition for divorce it would take 6 months 

5) process would not be completed in 2 months time 

You can compromise the matter and settle it in mediation may be its take 2 to 5 sessions then you both can file for MCD. 

1. No such law for meditation. 

2. Depends on mediatee. 

3. If everything agreed then yes. 

4.you need to decide it mutually. 

5. It depends on discretion of judge