You can make application for conversion of existing petition for divorce into divorce by mutual consent 

2) enclose consent terms and affidavit in support signed by both parties 

3) court can waive the cooling period 

4)  converting existing petition is better option 

Hi, You can't convert the present divorce petition. If both the parties agree for the mutual consent then you need to file fresh petition for mutual consent and in that petition you need to file one application for wave of six months waiting period. If the court allow the above application then you will get divorce without waiting for  six months. 

The contested divorce cannot be converted into mutual consent divorce, a fresh petition seeking mutual consent divorce has to be filed and once the case is taken on file a joint affidavit  can be filed seeking advance hearing waiving the cooling period.

Therefore please observe the rules properly so that there is no problem in you getting remarried immediately after the subsisting marriage is dissolved by a decree of divorce. 

file a fresh petition for mutual consent Divorce. The present petition could not be used or convert to get a decree for mutual consent .The same time you will file waving petition for getting exemption for 6 months cooling period . 

Hi

If parties agree to convert, contested divorce in to mutual consent then courts may be consider to waive off the cooling period. 

However the decision to waive of the Waiting period of 6 months is at the discretion of the court (depending on circumstances such as minor children, security for the woman etc)

Hope this information is useful.

1. It can be converted but there is no benefit of conversion as cooling off period will begin from the date of first appearance of spouses before the court after the conversion is allowed by the leave of court.

2. Better withdraw the present petition and file a fresh mutual divorce petition the same day.

You have to make application for conversion supported by affidavit and consent terms 

request court to waive off cooling period 

you would get short date for passing orders on your application 

Hello,

1. It is possible to get the contested petition converted to one for Mutual Consent along with the consent terms. It must be accompanied with an amended petition which is the Mutual Consent Petition and an application seeking court's permission to convert the existing petition.
2. You must move an application to waive of the mandatory 6 months cooling off period as the contested petition between the same parties has been pending before the court for one and a half year.It is the discretion of the court to allow the petition and there is no reason usually for the court to disallow the same. If not on the same date, the court will pass an order within two weeks normally.

You both can file an affidavit from each side stating that owing to the compromise arrived between you both the divorce case may be decided as prayed by the petitioner.

You can inform the court also about it during the next date of hearing and file the affidavit by both to enable the court to dispose the case immediately.

You can discuss the further details with your advocate and proceed

1. No, it cannot be done.

2. Go for MCD.

Dear Querist

If both of you are ready for the mutual consent divorce then file the divorce petition immediately by way of Mutual Consent and after recording the statement in the mutual consent divorce withdraw the contested divorce case, after the statement in the mutual consent divorce case i.e. in the first motion, file an application for waiving off the cooling period of six months along with the second motion of the divorce proceedings of the Mutual Consent Divorce and also mentioned the details of the Hon'ble Apex Court's order for waived off the cooling period, which is as follows: -

Amardeep Singh vs. Harveen Kaur, by interpreting the law on the mandatory cool off period prescribed for couples divorcing by mutual consent as per the above-mentioned Section 13B(2) of the Hindu Marriage Act, 1955. In this case, the spouses had been separated and were living separately for about 8 years, and had arrived at mutually amicable settlements regarding property and custody even before filing the divorce petition. The court then had to deal with the question of whether in these circumstances, where there has been a considerable passage of time and thought on the part of the separating spouses already, the six months cooling off period was still mandatory.

Historically, courts have waived this 6 month cooling period requirement in exceptional circumstances but had not conclusively laid down the law on whether it is a mandatory or directory (i.e., to be decided on a case to case basis). In the present case, the Supreme Court also touched upon the previous cases where this cooling-off period had been waived because the court was of the opinion that the marriage in question had irretrievably broken down, and such a “cool off” period would only cause mental agony to the separating spouses.

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Moreover, the court also proceeded to analyse whether the 6 month period envisaged under the section was mandatory or merely directory in nature. It was observed that the rationale behind the cooling-off period was to allow the separating spouses to re-consider and give more thought to the matter so that divorce is only granted if there is absolutely no possibility of reconciliation. It was held that if there was absolutely no chance of reconciliation, courts should not be powerless with respect to enabling the spouses to move ahead with their respective lives.

Finally, the court held that Section 13B(2) is thus directory and not mandatory and that in future, if any court dealing with a case of mutual divorce is satisfied that an appropriate case has been made our to waive the cooling-off period, it may do so subject to the following:

1. A period of one year and six months of the spouses living separately has already passed, before filling of the divorce petition itself.
2. Enforcing the six months would only prolong the agony of the separating spouses.
3. The spouses have legitimately settled their differences and arrived at amicable resolutions on alimony, child custody, joint property, etc.
4. All efforts at reconciliation or mediation have failed, and there is no possibility of success through any further efforts.

The court further directed that such an application for waiver of the 6 months may be filed one week after the first motion, citing adequate reasons for the same. In case the criteria mentioned above are fulfilled, the waiver of the cooling-off period will be at the discretion of the court.

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Yes both can be done by filing an application