to convert contested divorce you need to amend your petitioner from Sec. 13(1) to 13 (B) and withdraw all the adverse allegations by converting it into simple mutual divorce petitioner. Once the amendment is allowed you need to move your evidence affidavit to that effect. The alimony or maintenance can be mentioned in the mutual divorce petitioner which is to be filed after the amendment petitioner is allowed..
Conversion of Contested divorce to mutual divorce or Withdraw existing and file new petition
I have filed a contested divorce case against my wife in family court around 1.5 year back. We have been living separately since last 1.5 year. The case is still going on. But recently we have decided to separate with mutual consent. Our terms and conditions for divorce are finalized and I am paying her one time alimony. Now we below two options. a. Convert existing contested petition to mutual divorce petition or b. Withdraw existing contested divorce petition and file new mutual divorce petition Her lawyer is insisting on first option of converting existing petition to mutual divorce petition. He is giving reason that we don't have to wait for 6 months for divorce case finalization if we convert the existing petition. But my lawyer is insisting that we should withdraw existing petition and file new petition as conversion process is lengthy. My lawyer is also saying the converted petition also takes 6 months to finalize to divorce. So I have below questions 1. Does converting existing contested petition to mutual divorce will help us in getting divorce in less time than new mutual divorce petition? Can you pls give me any reference of any other case law if possible? 2. If we withdraw existing divorce petition and file new mutual divorce petition, can we make a request to waive off 6 month period saying that contested Divorce petion is already filed and we have been living separately since 1.5 year. 3. How complex is the process of converting of existing contested petition to mutual petition? Can you please list high level steps for conversion of divorce petition from contested to mutual? 4. Can I get Draft Divorce petition somewhere. I want to confirm with mine to confirm my one time payment is covering all future liabilities as well?
Asked 6 years ago in Family Law
Religion: Hindu
11 Answers
You can convert existing petition of divorce into divorce by mutual consent
2) apply for waiver of cooling period
3) if you withdraw existing petition and file fresh petition cooling period would not be waived
4) you have to make application for conversion with affidavit in support
5) thrte are no standard formats depends upon facts of each case
1. Yes.
2. You can request
3. No it's not complex only a single application is enough.
4. You can prepare a draft including all your consent terms. Your on record advocate will assist you
Dear
Both options you are describing are okay and will take similar time to dispose off.
conversion of current petition will take less time as compared to filing of New petition.
It is a simple process both of you have to make an application to convert the divorce to mutual divorce.
In current case your wife and you both will give joint statement regarding settlement conditions between you.
1. Converted petition also cooling of period is there and it will take similar time as fresh mutual divorce.Though an application to waive off the cooling period can be filed.
2.Yes you can file.
3. An application to convert with sign of both parties and an amended draft for same can be filed along with the consent terms.
4. A settlement deed between you and wife can be drafted and notarized.
See, you can withdraw all cases which are running in the court. Than go for Mutual Consent Divorce.
Now as per new law recently passed 6 months waiting period is off and immediately you can get MCD within short span of time.
For draft of MCD do let me know.
Hi
If both of you have decided to go for MCD, then file joint memo in the court informing the court about your intention to settle.
File an affidavit to that effect wherein you have to request for waiver of cooling period which court will consider and you will get the benefit of same.
Enter into an MOU about the terms and conditions on which both of you have settled your issue and file the same in to the court. The same will form part of your Decree.
There is no such specific format. You can contact the local lawyer, he / she will be able to guide you.
Good Luck
But court will give you direction to withdraw the divorce petition and you will have to file a petition for mutual consent.
Now regarding six month it will not take six months because you might have attended mediation proceedings.
After 21 days of recording statement of first motion you can move an application for condonation of six months period.
Court will condone six months period and you will get divorce.
Yes we can get crafted copy of petition under section 13b H. M. A.
Conversion not permitted. It will withdraw and fresh MCD petition will file.
Dear Sir,
There is no need to file a separate mutual divorce petition. Court will convert the existing petition to mutual consent divorce petition. On the next date of hearing depending upon the agreement between the parties, court can pass order of divorce if both the parties are present and agree for the consented order.
1. In some courts such conversions are not allowed, instead the court will ask the lawyers to file a fresh petition under the mutual consent grounds. In fact as per latest supreme court ruling one need not wait for six months for the second motion in MCD, you can file a joint affidavit seeking waiver of six months waiting period within 10 days of filing the petition and get the divorce decree granted immediately.
2. Yes, you can do it.
3. There is no complexity in it, sometimes the judge may not be in favor of such conversion.
4. You can contact any advocate of this forum for this task and get the same on the terms of the chosen advocate
