My wife filled section 9 RCR, I filled counter to agree to her request, but she doesn't want to continue this life and agreed for divorce, I am paying lifetime alimony to her. As the RCR case itself running for more than 1.5 Years now, her lawyers suggesting us to put a compromise petition under RCR to get the divorce decree, instead of going for the separate Mutual consent divorce which will take 6 more months. Is it allowed to do this way? Can you please provide me the section details(This is important). Also, can she make any other issues in the future?
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you can jointly make application to convert existing RCR petition into divorce by mutual consent
2) enclose consent terms and affidavit in support
3) request court to waive 6 months cooling period as petition pending in family court for 18 months
4) family court can grant your request and pass orders for divorce by mutual consent
1. you can submit an application (joint) in the family court to convert the existing RCR petition (section 9) into a mutual divorce petition (section 13B)
2. also file an application to waive off the cooling period,
3. don't forget to draft a# memorandum of understanding (agreement) before approaching #Mutual Divorce, which is the most essential and important part of a #Divorce case to avoid/reduce future #legal complications,
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.
The Answer is No.
Restitution Of Conjugal Right under section 9 is a separate legal issue and Divorce Petition under section 12 and 13B is a different legal issue.
Both can't be clubbed together in one proceedings before the same court and Judge.
You may file separate petition for divorce under section 12 on different grounds or under section 13B of Hindu Marriage Act 1955 by mutual consent.
13B divorce by mutual consent may be granted within 6 to 8 months faster than divorce under section 12 of Hindu Marriage Act 1955.
Yes you can do that.
If the case is already running in the family court than no need to allow speak lawyer here only parties are to speak.
So in same case you can request court by way of application that you both want to go for mutual consent divorce.
The same mutual consent divorce MoU and terms & conditions can be later became court order.
You can ask directly to court for mutual consent divorce as you have already taken 1.5 years of court do you do not want to take more time of the court.
In the pending suit for RCR or divorce there is no scope for filing compromise petition so as to turn it into mutual divorce.
At least Calcutta high court proscribes such procedure.
So take information from another lawyer of your state whether by not filing a fresh proceeding for mutual divorce the same can be granted in the RCR suit.
I am sure it's not permissible in your case as well.
1. You have to file a separate mutual consent divorce petition or with permission of court convert the current ongoing RCR proceedings in mutual divorce proceedings.
2. Present a joint affidavit and settlement agreement before court praying for mutual divorce.
3. An application to waive off the cooling period can be filed.
Restitution of Conjugal Rights and Divorce are the two cases opposite in nature. .Some of the high court decisions are supported to amend the RCR to mutual divorce Under order 6 R 17 CPC to avoid multiplicity of suits.when alternative reliefs can be prayed for, conversion of one relief into another would not be barred. So produce authority when you file and amendment application.
Case law referred : -
Smt. Preeti vs Sandeep Asthana of Allehabad High court
You can't execute compromise divorce decree in rcr. You need to go with separate mutual consent petition and pray for waiving of cooling period
Mutual divorce won't be happen.. Bcz ur wife want to compromise.. But send them a notice of section 13
- If both parties are agree for divorce , then instead of filing a mutual divorce petition ,there is no way to get divorce .
- Hence for getting divorce , you will have to file a joint petition before the court on mutual grounds.
- Further , the six months period can be removed after moving an application before the court on reasonable grounds.
- RCR is for joining the matrimonial life , and this can be converted into divorce petition , but can be settled only.
Sec 9 petition cannot convert in MCD. Fresh petition will file and you can request for waiver of cooling off period.
Dear Client,
Mutual Divorce will be beeter as it will not waste much time and money. Mutual Divorce petition ifiled inder section 13B od Hindu MArriage act but first you have to withdraw RCR under section 9 HMA.
Generally the RCR petition will not be permitted to convert the same into divorce petition.
There is nothing wrong in filing a fresh mutual consent divorce petition .
Now a days you do not have to wait for 6 months for the second motion.
You can file a joint affidavit seeking to waive the waiting period after a week or ten days and seek an advance hearing to get the divorce case disposed on mutual consent grounds within two weeks from the date of filing
Once you get Mutual Consent Divorce, the issue is closed once for all.
She cannot come again in future and claim any thing. In consent terms, everything is captured based on said terms the Decree of Divorce will be passed.
Sec.13B.
1. Yes you both can make a joint statement in court for conversion of case to mutual divorce case but court generally doesn't allow to convert RCR petition to divorce case.
2. You need to make a separate petition for mutual consent divorce under section 13-B of Hindu Marriage act.
3. After mutual consent divorce your wife cannot raise any issue in future related to her matrimonial life with you.
A mutual consent divorce petition should be filed and the "cooling off" period can be waived off by the court. An application has to be given. The divorce would be finalized in 1 week.
Rcr application should be withdrawn.
Yes, case of RCR under section 9 of hindu marriage act can be withdrawed by filing an application at any stage as dismissed as withdrawan. Fresh case of mutual divorce can be filed.
She made so many allegations in the DV and RCR she is going to withdraw all the cases, but do I need to get a notary signed bond from her saying all the allegations are wrong?
No need for any bond that allegations are false
she is withdrawing the petition filed by her
it should suffice
Not needed any bond you can apply for mutual consent divorce and in that all terms and conditions are mentioned. You need to take mutual consent divorce as order from court.
Instead of Notarized documents, Please go for quashing of D V Act before High Court and get concrete order and evidence for life time.
It is not necessary that you need to obtain any such statement from her.
It is not maintainable in law.
Once she withdraws her complaint there is no allegation at all.
You may concentrate on further issues instead of looming over past incidents.
Whether u want to go for mediation
Mention all the facts in MCD petition. No need of any bond.
- No, legally you cannot take a notary undertaking /bond from her .
- But you can enter into an agreement with her , that she will not file any case against you in future , and submit the same before the court.
Yes it's good if you enter a consent term before court
Notary signed affidavit can be use. Better withdraw her DV and RCR. and file fresh mutual divorce petition .
In that petition mention that both the petitioners have realized that it is impossible to live together and they
will never be able to live together as husband and wife. As such both the petitioners have mutually agreed
that the marriage should be dissolved instead of prolonging the same and unnecessarily brought agony to
their life. All the claims and disputes between the petitioners arising out of their marriage are settled out and
both have agreed to file this joint mutual divorce petition for the benefit of their future life.All the claims and disputes
between the wife and you arising out of their marriage are fully and finally settled out in Notorised agreement and
as per the notorised agreement and mutual divorce petition filed jointly.
Dear Client
This is to inform you that,
You can ask her to execute an MOU.
Once the cases are withdrawn then there is no need to get the dpcument stating that allegations were wrong.
Yes this note can be prepared. Contact particular lawyer.
File Mutual Consent separately
Deer client,
You may get the agreement drafted by an experience lawyer and get the same attested by a notary.
No need for that.