• Contested Divorce Petition to MCD petition

Dear Lawyers,

There is a case in my family where contested divorce has been going on since a year. Now parties want to go for mutual divorce. 
So can we file a new Mutual Divorce Petition without withdrawing existing Contested Divorce petition?
Bascially we want to file the MCD first and then after filing MCD want to withdraw existing contested divorce petition. Is this possible?
Also we are planning to file a plea to waive off 6 months cooling off period. So is it possible with new fresh MCD petition?
Asked 5 years ago in Family Law
Religion: Hindu

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15 Answers

1. You have to file a fresh MCD petition,
2. Yes, you can file the MCD and withdraw the contested divorce at a later stage,
3. Yes Possible
don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case,

some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.

 

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

you can make application for converting existing divorce petition into divorce by mutual consent 

2) you cannot  file MCD during pendency of  contested divorce petition 

 

3) you can apply to court to waive cooling period 

Ajay Sethi
Advocate, Mumbai
94878 Answers
7568 Consultations

5.0 on 5.0

You can file a compromise deed for further filing MCD petition. But after that neither party would be entitled for filing contested petition afresh in future. So before going ahead think whether mutual consent would be easy to achieve with reference to terms and conditions of both the parties.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

See if you are going for.mutual than co tested divorce has to be withdrawn or converted into mutual consent divorce.you can file fresh MCD along with an application to waive off the period.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. Without withdrawing the existing contesting divorce suit you can not file a petition for mutual divorce petition.

2. However after filing the MCD petition soon thereafter you can withdraw the contested divorce suit.

3. Waiving off the six months cooling off period depends on the direction of the court and the parties have no vested right on this.

Devajyoti Barman
Advocate, Kolkata
22853 Answers
492 Consultations

5.0 on 5.0

No...you can only convert the contested into mutual.  You can file the plea to waive

Prashant Nayak
Advocate, Mumbai
32031 Answers
183 Consultations

4.1 on 5.0

Upon informing the judge, the judge has the powers to turn it into mutual divorce and you do not need to file separately.

 

In Rajiv R. Hiremath v. Uma, (2000) 10 SCC 303; the supreme court of India opines that if both the parties have agreed to get a decree of divorce by mutual consent, they can do so by preparing an agreement of compromise and place it before the court.

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

Respected sir... 

First you have to withdraw the first petition and then file the  second I know you are thinking about the security but while withdraw the first Petition just statement of both party to be recorded in front of judge saying that we will file a fresh petition under section 13-B of HMA that will work for you and wave of 6 months period is totally in the hands of judge but if your advocate give strong valid reason then it will surely be waved off.... 

 

Thank you

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

You can file fresh joint petition for divorce with mutual consent without withdrawing pending petition. After making first motion statement you can withdraw the contested divorce petition. .

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

This case can be converted to a mutual consent divorce and after you tell the facts in detail I can advise you that whether the 6 month period can be waived off or not.

 

regards

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

MCD will file after withdrawal of divorce.

Yogendra Singh Rajawat
Advocate, Jaipur
22669 Answers
31 Consultations

4.4 on 5.0

Dear Sir,

You mean conversion of contested divorce petition to mutual consent divorce petition?

A Divorce can't be converted.     Nor will there be any use.      So also the Petition.

You will have to withdraw the contested divorce petition before filing for divorce by mutual consent. If in MCD consent withdrawn by wife you get good ground for fresh divorce case to file against her that will succeed. No appeal in case of MCD as clearly provided under the Family Court Act, so her appeal if filled will be dismissed in the High Court.

 

 

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Yes it is possible to file a MCD even during the pendency of a contested divorce case, the same can be withdrawn after the first motion of MCD.

The 6 months cooling period also can be waived.

 

T Kalaiselvan
Advocate, Vellore
85078 Answers
2213 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that there has been contesting divorce petition and now wish to file for MD.
  2. Yes, you can do it and in fact should do it before filing of MD after getting it in the withdrawal order that both parties would go for MD.
  3. In this way, neither of the party can step back later in future form MD.
  4. Yes, you can move an aviation it waiving off the second motion before the court of law.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

Dear

You can go for conversion of contested divorce to MCD by giving a common statement at next hearing of the case. In that case the you will get less cool off period for second motion. 

Other option that is also available to is filing a new petition for MCD and file an application for wave off for cooling period then it depends on the discretion of court that it waveoff the cooling period or not.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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